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.
The New Mexico Complaint for Malicious Prosecution is a legal document used in the state of New Mexico to initiate a lawsuit against an individual who has wrongfully filed a false police report resulting in malicious prosecution. This complaint seeks to bring justice to the plaintiff and hold the defendant accountable for their unlawful actions. Filing a false police report can have severe consequences, including defamation, reputational damage, emotional distress, wasted time and resources, and even potential imprisonment. Keywords: New Mexico, Complaint, Malicious Prosecution, Filing a False Police Report, Lawsuit, Wrongful Accusation, Defamation, Reputational Damage, Emotional Distress, Wasted Time and Resources, Prison Imprisonment. Types of New Mexico Complaint for Malicious Prosecution Involving Filing a False Police Report could include: 1. Individual vs. Individual: This type of complaint is filed by an individual who has been wrongfully prosecuted due to a false police report filed by another individual. The plaintiff seeks compensation for the damages caused by the malicious prosecution. 2. Business vs. Individual: In situations where a business entity has been wrongfully accused and maliciously prosecuted as a result of a false police report, the business may file a complaint seeking damages for the harm caused to their reputation and finances. 3. Individual vs. Law Enforcement Agency: If a person has been maliciously prosecuted by a law enforcement agency based on a false police report, they may file a complaint against the agency seeking justice and compensation for the damages incurred. 4. Individual vs. Government Entity: In some instances, individuals may face malicious prosecution by a government entity due to a false police report. This type of complaint seeks to hold the government accountable for their actions and obtain compensation for the harm caused. It is essential to consult with a knowledgeable attorney to determine the specific type of complaint necessary for a malicious prosecution involving a false police report, as the facts of each case may vary and require a tailored approach.
