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Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Miazga v Kvello Estate, 2009 SCC 51 is a leading decision of the Supreme Court of Canada on how the tort of malicious prosecution applies to Crown attorneys and other public prosecutors. Specifically, the court held that there is no requirement for a public prosecutor to have a subjective belief that an accused person is actually guilty.
Thompson v. Clark, 596 U.S. ___ (2022), was a United States Supreme Court case concerning whether a plaintiff suing for malicious prosecution must show that they were affirmatively exonerated of committing the alleged crime.
A Miami Herald investigation into the boat crash that killed a 17-year-old Lourdes student reveals a deeply flawed probe as FWC investigators and prosecutors built a case against George Pino.
Under U.S. law, in order to rise to an actionable level of negligence (an actual breach of a legal duty of care), the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonably prudent attorney would make.
CAMDEN — A former South Jersey police chief, tried twice for the alleged assault of a Black teenager, claims he was the victim of malicious prosecution.
However, the Court considered common-law tort elements to be more "a source of inspired examples than of prefabricated components of Bivens torts." The Court believed that imposing that burden on plaintiffs was instead best justified by the need to establish causation, "from animus to injury, with details specific to retaliatory-prosecution cases."
Conservative outlets and commentators ripped Manhattan District Attorney, Alvin Bragg, after the prosecution of U.S. Marine veteran Daniel Penny failed this week.. Multiple pundits condemned Bragg ...