Define: Malicious Prosecution

Malicious prosecution is a legal claim that arises when a person initiates or continues a legal proceeding against another person without probable cause and with malicious intent. To succeed in a malicious prosecution claim, the plaintiff must demonstrate that the original legal action was initiated or continued without reasonable grounds or probable cause, and that it was done with malice or ill intent. Malicious prosecution claims typically involve civil lawsuits or criminal prosecutions that are dismissed in favour of the defendant, who then brings a separate action for malicious prosecution seeking compensation for damages such as legal fees, emotional distress, and loss of reputation. This legal doctrine aims to protect individuals from unjustified legal actions and deter the abuse of legal processes for malicious purposes.

Malicious prosecution occurs when one party files an untrue or baseless legal complaint against another without probable cause. Common types of malicious prosecution include a malicious tort, improper civil suit or improper criminal allegation.

To prove malicious prosecution in a lawsuit the victim generally has to prove the police officer or government agent initiated the criminal prosecution, the proceedings were initiated without probable cause, the proceedings were brought with malice and ended in the favour of the victim.

Winning a malicious prosecution lawsuit can be tough because most officers and government officials have broad protection through qualified immunity statutes. Exceptions may exist if you can prove willful and unreasonable conduct on the part of the officer or agent. Given the complexity of the laws surrounding this issue if you think you have a case, you will need to talk to a civil rights lawyer.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.