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.
A Missouri complaint for malicious prosecution involving filing a false police report is a legal document filed by an individual who believes they have been wrongfully accused or prosecuted based on a false police report. This type of complaint seeks to hold the individual responsible for filing the false report accountable for their actions and seeks compensation for damages caused by the malicious prosecution. In Missouri, there are different types of complaints that can be filed in cases involving malicious prosecution involving filing a false police report: 1. General Complaint for Malicious Prosecution: This type of complaint is filed when an individual believes they have been wrongfully prosecuted based on a false police report. It outlines the facts of the case, including the false report filed, the resulting prosecution, and the damages suffered as a result. 2. Criminal Complaint for Malicious Prosecution: This complaint is filed when an individual has been wrongfully prosecuted in a criminal case due to a false police report. It alleges that the false report was knowingly filed with the intention of causing harm to the accused and seeks to hold the individual responsible for filing the report criminally liable. 3. Civil Complaint for Malicious Prosecution: This complaint is filed in civil court when an individual believes they have been wrongfully prosecuted in a civil case based on a false police report. It seeks to hold the individual responsible for filing the false report accountable for the damages caused, such as loss of reputation, emotional distress, and financial losses. 4. Federal Complaint for Malicious Prosecution: In certain cases, where a false police report leads to a prosecution that violates the individual's federal rights, a complaint may be filed in federal court. This type of complaint alleges a violation of federal law and seeks appropriate relief. When drafting a Missouri complaint for malicious prosecution involving a false police report, it is important to include relevant keywords related to the case, such as: — Maliciouprosecutionio— - False police report — Wrongful accusatio— - Prosecutorial misconduct — Damages Compensationio— - Civil rights violations — Crimiliabilityilit— - Civil liability - Federal rights — Losreputationio— - Emotional distress By incorporating these keywords and providing a detailed description of the events surrounding the false police report and subsequent prosecution, the complaint can effectively convey the allegations and seek appropriate relief for the harmed party.
