What Is Malicious Prosecution?

Being prosecuted for reasons unrelated to the evidence against you can cause emotional distress and financial damages. That is why people who have been maliciously prosecuted in violation of their civil rights can sue those responsible.

Malicious prosecution occurs when the government initiates or continues a criminal action against someone without proper justification. Prosecutors and law enforcement may do this to intimidate or harass someone. Malicious prosecution can also arise from a civil lawsuit, although some states use the term vexatious litigation for civil matters instead.

Suing for Malicious Prosecution

More so than some other torts, a claim for malicious prosecution can be hard to demonstrate. To establish a malicious prosecution claim, the plaintiff must show:

• Active involvement: The person you are suing (the defendant) must have played an active role in initiating or continuing the proceedings.
• Termination in the plaintiff’s favor: The proceedings must end favorably for the plaintiff. Put simply, you must have won your case.
• Absence of probable cause: No reasonable person in similar circumstances would have thought there were grounds to initiate the legal action.
• Improper purpose: The primary intent behind the prosecution must be something other than simply seeking justice. You can't sue a prosecutor for making an honest mistake.
• Harm to plaintiff: The plaintiff needs to show they suffered harm due to the defendant’s actions.
• Malice: the plaintiff needs to show that the defendant acted with malice, meaning they had the intent to harm.
• Causation: It must be evident that the defendant’s actions were a substantial factor in causing the plaintiff’s harm.

Each jurisdiction may have nuances in how these elements are interpreted or emphasized.

Remedies and Compensation

Victims of malicious prosecution can seek compensation for both tangible and intangible losses. These include:

• Legal costs and medical bills (compensatory damages).
• Emotional distress/mental suffering.
• Punitive damages in cases of particularly egregious misconduct. These additional damages are meant to punish the wrongdoer and deter future misconduct.

Legal Challenges and Defenses

Proving malicious prosecution can be daunting due to the stringent requirements for demonstrating both malice and a lack of probable cause. Each element of the claim must be meticulously documented and substantiated.

Under state law, establishing a cause of action for malicious prosecution involves navigating complex legal definitions and principles. These cases typically rely on proving that the defendant pursued a criminal or civil case without legitimate legal justification, which is an abuse of process that infringes on an individual’s constitutional rights.

Defenses to Malicious Prosecution

There are several defenses to a malicious prosecution claim. These include:

• Probable cause: Asserting that there were reasonable grounds to initiate the legal proceedings.
• Lack of malice: Showing the actions were intended to seek justice, not to harm the plaintiff.
• Statute of limitations: Claims must be filed within a specific time frame, typically four years from the dismissal of the original case.

Due to the complexity of malicious prosecution cases, those who believe they have been wrongfully accused would benefit from legal advice. Legal professionals can offer essential guidance and explain the viability of a claim, potential defenses, and the strategic steps necessary to pursue justice effectively.

Malicious prosecution undermines the integrity of the legal system and causes personal and financial harm to those unjustly targeted. To combat the negative impact malicious prosecution may have, individuals should act promptly and seek legal advice.

Related Resources:

• Supreme Court Issues Significant Clarification About Malicious Prosecution Claims (FindLaw’s Federal Court Blog)
• Abuse of Process (FindLaw’s Learn About the Law)
• Emotional Distress Quiz (FindLaw’s Learn About the Law)