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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.
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."
Alec Baldwin has brought a lawsuit against the district attorney and other officials in Santa Fe, New Mexico alleging he was wrongfully prosecuted for manslaughter.. The 30 Rock actor, 66, stood ...
A court date set for Cal Harris' federal lawsuit against Tioga County officials and state police to go to trial has been postponed until the spring.. The lawsuit, which was originally filed in ...
Actor Alec Baldwin, pictured at trial July 12, claims that New Mexico authorities sought to "scapegoat" him for the fatal shooting of "Rust" cinematographer Halyna Hutchins in Santa Fe, N.M., in 2021.
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.
Marine veteran Daniel Penny's defense team is eyeing a malicious prosecution lawsuit against District Attorney Alvin Bragg and others behind the charges, turning the tables after the lengthy high ...