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Torts • Malicious Prosecution
TORT#024
Legal Definition
Malicious prosecution is (1) the initiation of a civil or criminal proceeding, (2) without probable cause, (3) for a wrongful purpose, which (4) ends in favor of the plaintiff, and results in (5) damages.
Plain English Explanation
The justice system is sacred, and the law doesn't like people messing with it for their own selfish desires. Malicious prosecution occurs when someone sets a legal proceeding (civil lawsuit or criminal proceeding) into motion frivolously, for an improper purpose. They essentially waste the court's time and, in doing so, cause harm to someone.
Hypothetical
Hypo 1: Sam owes Bob $100. Sam refuses to pay Bob. Out of frustration, Bob files a police report claiming that Sam operates a drug lab out of his garage. Sam's house gets raided by police where they find nothing. Sam sues Bob. Result: Sam has suffered a malicious prosecution because Bob instituted a criminal process against Sam out of frustration for the debt he owed, which caused damage to Sam's property in the process. Ultimately, the case was closed in Sam's favor. These facts enable Sam to recover against Bob.
Hypo 2: Bob owes Sam $100. Bob refuses to pay Sam. Out of frustration, Sam files a police report claiming that Sam operates a drug lab out of his garage. Bob's house gets raided by police where they actually find an illegal drug lab. Bob sues Sam. Result: Unlike Hypo 1, here, Bob actually did have a drug lab in his garage. The fact that Sam was unaware when he spitefully made the report doesn't matter, because one of the necessary elements to prove malicious prosecution is that the prosecution ends in favor of the plaintiff (Bob), that element will be unmet under these facts.
Hypo 2: Bob owes Sam $100. Bob refuses to pay Sam. Out of frustration, Sam files a police report claiming that Sam operates a drug lab out of his garage. Bob's house gets raided by police where they actually find an illegal drug lab. Bob sues Sam. Result: Unlike Hypo 1, here, Bob actually did have a drug lab in his garage. The fact that Sam was unaware when he spitefully made the report doesn't matter, because one of the necessary elements to prove malicious prosecution is that the prosecution ends in favor of the plaintiff (Bob), that element will be unmet under these facts.
