Home
Glossary
M
Malicious Prosecution

What Is Malicious Prosecution?

Malicious prosecution is a legal claim or cause of action that allows a person to seek damages against someone who has wrongfully initiated or continued a legal proceeding against them with malice and without probable cause.

This claim is meant to provide relief to individuals who have been unjustly subjected to legal processes that not only lacked merit but were also pursued with improper motives.

Malicious Prosecution Explained

To establish a case for malicious prosecution, the plaintiff (the person claiming to have been maliciously prosecuted) must typically prove several elements:

The initiation or continuation of a legal proceeding by the defendant against the plaintiff.

The termination of the proceeding in favor of the plaintiff (meaning the original case was dismissed or the plaintiff was found not guilty).

The absence of probable cause for the original proceeding.

The defendant acted with malice, or an improper purpose, in initiating or continuing the proceeding.

The plaintiff suffered damages as a result of the proceeding.

Malicious prosecution claims are most commonly associated with the criminal justice system but can also apply to civil litigation. These claims are designed to protect individuals from the abuse of the legal system and to ensure that legal actions are initiated with proper cause and not out of ill will or an intent to harass.

The Term Malicious Prosecution in Different Legal Contexts

The concept of malicious prosecution can apply across various types of legal disputes, including criminal, civil, and administrative proceedings. While the fundamental principles remain consistent, the specifics of proving a claim can vary based on the context and jurisdiction. For instance:

In Criminal Cases: Malicious prosecution claims often focus on proving that the defendant pursued criminal charges without a reasonable belief in the guilt of the accused.

In Civil Lawsuits: The claim might center around a party who initiates a lawsuit knowing it to be baseless, primarily to harass or bankrupt the defendant.

In Administrative Proceedings: Malicious prosecution could involve wrongful actions taken to initiate government enforcement actions without basis.

Common Misconceptions About the Meaning of Malicious Prosecution

One common misconception is that any unsuccessful legal action can give rise to a claim for malicious prosecution.

However, the mere fact that a lawsuit or criminal charge did not succeed does not automatically mean it was maliciously prosecuted. The key elements of lack of probable cause and malice must be proven.

Another misunderstanding is that malicious prosecution and abuse of process are the same.

While related, they are distinct legal claims. Abuse of process focuses on the misuse of the legal procedures themselves for ulterior purposes, regardless of whether the underlying case had merit, whereas malicious prosecution centers on wrongfully initiating or pursuing a case without probable cause and with malice.

Lastly, some believe that malicious prosecution claims are easy to prove and frequently successful.

In reality, these claims are complex and challenging to win because the plaintiff must meet a high standard of proof for all required elements, including demonstrating the defendant's malice and the absence of probable cause.

Recommendations

0 reviews

Drew Davis Van De Grift

Contracts and Agreements Lawyer Serving at Birmingham - Michigan

1895 Bradford Rd, Michigan, 48009-7253

Thomas M. Cooley
Contracts and Agreements, Freedom of Information Act, Government Contracts, Employment and Labor, State, Local And Municipal Law, Government and Tax
Birmingham, Michigan Contracts and Agreements Lawyer

Free Consultation

+12486353360

What Is Malicious Prosecution?

Malicious Prosecution Explained

The Term Malicious Prosecution in Different Legal Contexts

Common Misconceptions About the Meaning of Malicious Prosecution

Share

Need legal help after an accident?

Relevant Legal Professionals

Recommendations

Written by Michael Anderson

UPDATED Jul 05,2024

Written by Michael Anderson

UPDATED Jul 03,2024

Written by Michael Anderson

UPDATED Jul 02,2024

Written by Michael Anderson

UPDATED Jul 08,2024

Written by Michael Anderson

UPDATED Jul 08,2024

Written by Michael Anderson

UPDATED Jun 15,2024

Written by Michael Anderson

UPDATED Jun 14,2024

Written by Michael Anderson

UPDATED Jun 13,2024

Written by Michael Anderson

UPDATED Jun 11,2024

Log in to your account

Contact