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Representing the Victims of
Wrongful Acts – Including Malicious Prosecution
and False Arrest
MALICIOUS
PROSECUTION - The tort of malicious
prosecution is designed to compensate a wrongly
accused criminal defendant for the damages caused by
the misuse of criminal prosecution.
In
order to prevail in an action for malicious
prosecution, a plaintiff must show: (1) malice
in instituting or continuing a criminal prosecution;
(2) lack of probable cause to initiate the
prosecution; and (3) A judgment in favor of the
accused.
FALSE
IMPRISONMENT - The requisites for a claim for false
imprisonment are (1) the intentional detention
of the person and (2) the unlawfulness of the
detention.
To
establish a claim for false imprisonment, one
must prove by a preponderance of the evidence that
he was intentionally detained or confined without
any legal reason.
False imprisonment is not concerned
with good or bad faith or malicious motive.
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