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?

    … would guess the most common claim for these cases is some type of malicious prosecution where the plaintiff is being charged with disorderly conduct and winds up beating the case. The problem is that for a disorderly conduct only, the case is probably not worth much money. However, an Order from a judge directing the police to better train the officers on photographs and a cash award would be a very good outcome. The post Can I Take a Picture of Police Making an Arrest? appeared first on . … 31 readers -
  • What makes a good police brutality case?

    … Potential clients always ask me, “What makes a good police brutality case?” Damages. Good damages makes a good police brutality case. I have clients all the time tell me about some of the most outrageous police conduct. Then I ask, “what is your worst injury?” The answer to that question that controls how much your case is worth. I… 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 -