Malicious Prosecution

Malicious prosecution is a common law intentional tort, while 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. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.
Posts about Malicious Prosecution
  • Whistleblower Retaliation – Oracle to Sue Whistleblower

    … for malicious prosecution.” Is Oracle right and Blackburn wrong? Maybe but the right way to handle the case would have been to let a jury unwind the facts. Suing the whistleblower sends a disturbing message to whistleblowers everywhere. “Dare to speak out and we will sue you.” Fortunately, bully tactics like this rarely work. Retaliation in the form…

    Due Diligence- 16 readers -
  • UBS Whistleblower Loses Round I of Lawsuit

    … was tossed, Birkenfeld and UBS then sued him for malicious prosecution. Last month a California state court judge tossed that lawsuit claiming that all three parties had unclean hands. We haven’t read the last chapter of this saga yet. When I saw Bradley last week during the National Whistleblower Appreciation Day celebration in Congress, he said…

    Due Diligence- 42 readers -
  • Can I Take a Picture of Police Making an Arrest?

    …. If they can arrest you for something. If the police assault you, you have a claim for excessive force against the officers. If the police arrest you, you have a claim for malicious prosecution. In either instance, you may have a Monell Claim, that the police are failing to train their officers that people can photograph them arresting people. I… 31 readers -
  • What makes a good police brutality case?

    … was withdrawn by the DAs office. That is a good police brutality case. What I have written is not the end all be all. There are many situations where my client has no physical injury at all and they have a great cases. We have been very successful on false imprisonment and malicious prosecution cases where there is no physical injury at all. Look at the conduct of the police officer and analyze the result. The post What makes a good police brutality case? appeared first on . … 25 readers -
  • Malicious Prosecution in 42 USC 1983 Cases

    … What do I have to show to be successful for Malicious Prosecution in 42 USC 1983 Cases? In these cases, the following elements must all be proved by the Plaintiff: (1) prosecution for a criminal offense; (2) instigated without probable cause; (3) with malice; (4) under a valid warrant, accusation or summons; (5) which has terminated… 19 readers -