Hillsborough Florida Complaint for malicious prosecution

Name: Hillsborough Florida Complaint for malicious prosecution
Brand: US Legal Forms
Rating: 4.67 (431 reviews)

Category:

Civil Actions - Complaints - Malicious Prosecution

State:

Multi-State

County:

Hillsborough

Control #:

US-01627

Format:

Instant download

Description

This is a sample Complaint against a defendant for false arrest, malicious prosecution, trespassing, slander, libel and intentional infliction of emotional distress. Adapt to fit your circumstances, including compliance with your state's procedural rules.

How to fill out Hillsborough Florida Complaint For Malicious Prosecution?

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FAQ

Malicious prosecution is a situation where you sue someone for having previously brought unfounded lawsuits against you. The reasoning behind this is that the other party abused the legal process when they brought lawsuits against you.

In order to succeed in an action for malicious prosecution, the plaintiff must prove all four requirements; namely, that the prosecution was instigated by the defendant; it was concluded in favour of the plaintiff; there was no reasonable and probable cause for the prosecution; and that the prosecution was actuated by

Legal Definition of malicious prosecution : the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages.

A malicious prosecution occurs when a police officer or other government official causes criminal charges to be filed against a person when the official knows probable cause is lacking and the charges are filed because of personal animosity, bias, or some other reason outside the interests of justice.

The plaintiff must prove that: (1) the prosecution was initiated by the defendant; (2) it was terminated in the plaintiff's favour; (3) there was an absence of reasonable and probable cause to commence the prosecution; and (4) the defendant's conduct in setting the criminal process in motion was fueled by malice.

When a defendant admitted that he did not know who actually stole his property, that admission proved he had the plaintiff arrested for an improper motive, leading to a successful malicious prosecution claim.

More info

Public officials that are uttered with malicious purpose. 7 Million for Malicious Prosecution."Originally, no cause of action was recognized in the law for the wrongful institution of a civil action irrespective of the fact that it was.

Hillsborough Florida Complaint for malicious prosecution

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