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DANA B. TASCHNER

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Malicious prosecution

 
 

Malicious prosecution is a common law intentional tort. While similar to the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting or pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, "malicious prosecution" is reserved for the wrongful initiation of criminal proceedings, while "malicious use of process" refers to the wrongful initiation of civil proceedings.

Criminal prosecuting attorneys, as well as judges, are normally protected, by doctrines of prosecutorial immunity and judicial immunity, from tort liability for malicious prosecution.


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