The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.
An Arkansas Complaint for Malicious Prosecution Involving Filing a False Police Report is a legal document that is filed by an individual who has been wrongfully accused and prosecuted based on a false police report in the state of Arkansas. This type of complaint seeks to hold the person who filed the false report accountable for their actions and seek damages for the harm caused. Keywords: Arkansas, complaint, malicious prosecution, filing, false police report, legal document, wrongfully accused, prosecuted, accountability, damages, harm. There are various types of Arkansas Complaint for Malicious Prosecution Involving Filing a False Police Report based on the circumstances and the damages sought: 1. Standard Complaint: This is the most common type of complaint filed by an individual who has been wrongfully accused and prosecuted due to a false police report. It outlines the details of the false report, the resulting prosecution, and the damages suffered as a result. 2. Civil Rights Complaint: In certain cases, where the false police report and subsequent malicious prosecution involve violations of an individual's civil rights, a separate civil rights complaint can be filed. This type of complaint seeks to address any potential violations of constitutional rights, such as due process or equal protection. 3. Defamation Lawsuit: If the false police report included defamatory statements that harmed the individual's reputation, a complaint specifically focused on defamation can be filed. This type of lawsuit aims to seek compensation for the damage caused to the individual's reputation, as well as any emotional distress suffered. 4. Intentional Infliction of Emotional Distress Complaint: In situations where the false police report and malicious prosecution caused significant emotional distress to the individual, a separate complaint focused on intentional infliction of emotional distress can be filed. This type of complaint seeks damages for the severe emotional suffering endured. 5. Excessive Force Complaint: If the false police report and malicious prosecution involve the use of excessive force, especially in cases where it led to physical injuries, a complaint focused on excessive force can be filed. This type of complaint targets the actions of the law enforcement officer involved and seeks damages for injuries suffered. When filing any type of complaint related to malicious prosecution involving a false police report in Arkansas, it is crucial to consult with a qualified attorney to ensure that all relevant details are included and that the complaint accurately reflects the individual's claims.
