Chapter 23: Malicious ProsecutionA. Definition
B. Elements
1. The defendant was a party to or assisted in the action against the plaintiff
2. The prior proceeding terminated in the plaintiff’s favor
3. There was no probable cause for the prior action, or the defendant lacked reasonable belief in the prior action that the proceeding would be successful
4. “Malice” or other improper motive by the defendant
5. The plaintiff was damaged by the prior proceeding
C. Elements Defined
D. Defenses
Designation of Nonparty at Fault
Good Faith
Governmental Immunity
Statute of Limitations
E. Remedies
F. Forms
Complaint for Malicious Prosecution—Against Police Officer and Municipality for Pursuing Criminal Charges
Complaint for Malicious Prosecution—Against Individual or Company for Pursuing Civil Suit