Illinois Complaint for Malicious Prosecution, False Imprisonment, Abuse of Process
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How to fill out Complaint For Malicious Prosecution, False Imprisonment, Abuse Of Process?
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FAQ
Malicious prosecution This is a violation of a person's civil rights to liberty and due process under the Fourteenth Amendment. Essentially, malicious prosecution is a baseless accusation brought against someone in order to harass or intimidate them ? an arrest without probable cause.
A malicious prosecution case can be difficult to prove, but with a few key elements it can be won in court. First, it must be clear that the defendant did not have probable cause to bring the action.
The Elements of a Malicious Prosecution Claim A legal action commenced or prosecuted without probable cause. ... The legal action was brought or initiated with malice or malicious intent. Final, favorable termination or resolution of the action (or relevant claims) in the defendant's favor. ... Legally recognizable damages.
King, 201 Ill. 47, 50-51 (1903). The only elements necessary to plead a cause of action for abuse of process are: (1) the existence of an ulterior purpose or motive and (2) some act in the use of legal process not proper in the regular prosecution of the proceedings.
The primary difference between the two legal actions is that malicious prosecution concerns the malicious or wrongful commencement of an action, while, on the other hand, abuse of process concerns the improper use of the legal process after process has already been issued and a suit has commenced.
To state a claim of malicious prosecution, a plaintiff must allege facts showing: (1) the defendant's commencement or continuation of an original criminal or civil proceeding; (2) the termination of the proceeding in the plaintiff's favor; (3) the absence of probable cause for the proceeding; (4) the defendant's malice ...
Examples of criminal malicious prosecution can include law enforcement pursuing baseless charges, such as: Charging someone with a crime to cover up misconduct by law enforcement. Trying to ruin an individual's reputation by bringing groundless criminal charges against them.
Malicious prosecution damages can be significant, whether the ?prosecution? in question was civil or criminal in nature. Most of the time, the damages awarded for malicious prosecution are compensatory damages, with no punitive damages added.