Malicious Prosecution

Category: legal

A tort that occurs when a defendant initiates a criminal or civil proceeding without probable cause, and with malice.

If a person lies to the police to get you arrested, or sues you knowing they have zero evidence just to bankrupt you, they have committed malicious prosecution. You must prove the case was terminated in your favor and you suffered actual damages.

Common Examples

• After the criminal charges were dropped for lack of evidence, the defendant launched a malicious prosecution lawsuit against his accuser.
• Malicious prosecution is an intentional tort that requires the victim to prove the original case was brought with pure, spiteful malice.