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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.
Thus technically, the service of process itself—in the form of a summons—could be considered abuse of process under the right circumstances, e.g. fraudulent or malicious manipulation of the process itself, but in malicious prosecution, the wrongful act is the actual filing of the suit itself for improper and malicious reasons.
Malicious prosecution – Similar to abuse of process, but includes intent, pursuing without probable cause, and dismissal in favor of the victim. In some jurisdictions, malicious prosecution is reserved for the wrongful initiation of criminal proceedings, while malicious use of process refers to the wrongful initiation of civil proceedings.
In a victory for people falsely accused by police of crimes, the Supreme Court removed a barrier Monday to lawsuits against law enforcement for malicious prosecution. The 6-3 ruling means that ...
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.
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 ...
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment."
A Lexington man previously arrested for murder charges has filed a federal lawsuit against a Lexington Police Department detective for malicious prosecution and claims she violated his ...
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