Malicious prosecution refers to the wrongful initiation of criminal or civil legal proceedings against someone without probable cause, intending to harm or harass that person. In other words, malicious prosecution is a claim made by a plaintiff against a defendant with malice and without a reasonable basis for doing so.
To prove a claim of malicious prosecution, the plaintiff must establish these elements:
- The defendant initiated legal proceedings against the plaintiff
- The legal proceedings were brought without probable cause
- The defendant acted with malice or an improper purpose
- The legal proceedings terminated in the plaintiff’s favor
- The plaintiff suffered damages as a result of the legal proceedings
What Are Some Malicious Prosecution Examples?
Malicious prosecution examples could include cases where a person falsely accuses another of a crime or engages in a civil lawsuit without any basis for doing so.
Another example is a landlord bringing a false eviction proceeding against a tenant in retaliation for reporting them to the authorities for code violations.
Additionally, a company could maliciously initiate a lawsuit against a competitor to drive them out of business or gain an unfair advantage in the market.
Can I Sue An Attorney Who Isn’t a Criminal Prosecutor?
Yes, you can sue an attorney who is not a criminal prosecutor under certain circumstances. Attorneys, like other professionals, have a duty to provide competent and ethical representation to their clients. If an attorney breaches this duty through negligence or misconduct, they may be liable for damages that their client suffers as a result.
Here are some situations where you might consider suing an attorney who is not a criminal prosecutor:
- Legal malpractice: If your attorney made a mistake or acted negligently regarding your case, and as a result, you suffered damages, you may be able to sue them for legal malpractice. For example, if your attorney failed to file a critical document on time, resulting in your case being dismissed, you may have a legal malpractice claim on your hands.
- Breach of fiduciary duty: Attorneys owe their clients a fiduciary duty to act in their best interests. If your attorney breached their fiduciary duty by engaging in self-dealing, conflict of interest, or other misconduct, you might be able to sue them for breach of fiduciary duty.
- Fraud: If your attorney intentionally misled you or misrepresented their qualifications or the nature of your case, you may be able to sue them for fraud.
If you believe your attorney has breached their duty to you in one of these ways or any other way, you should consider speaking with another attorney to discuss your legal options. These options may include filing a complaint with your state bar association, pursuing a lawsuit for damages, or seeking a settlement or mediation.
It’s important to act now if you believe your attorney has acted improperly, as there may be time limitations called statutes of limitations on when you can file a claim.
What Is The Difference Between Malicious Prosecution and Attorney Malpractice?
Malicious prosecution and attorney malpractice both involve the actions of an attorney, but they are distinct from one another in their legal elements and the harm they seek to address.
Malicious prosecution refers to the wrongful initiation of legal proceedings against an individual with malice and without probable cause. The plaintiff in a malicious prosecution claim must prove that the defendant (the party who initiated the legal proceedings) acted with malice or an improper purpose and lacked probable cause for their actions. The plaintiff must also demonstrate that the legal proceedings terminated in their favor and that they suffered damages as a result.
Malicious prosecution claims are typically filed against the person who initiated the legal proceedings rather than against their attorney.
On the other hand, attorney malpractice refers to the negligence, incompetence, or unethical conduct of an attorney that causes harm to their client.
To prove attorney malpractice, the plaintiff must show that the attorney owed them a duty of care, breached that duty through their actions or inactions, and that the breach caused harm to the client.
Examples of attorney malpractice could include missed filing deadlines, failure to properly investigate or prepare a case, conflicts of interest, or breaches of client confidentiality.
What Do You Mean by Probable Cause?
Probable cause is the reasonable grounds to believe that a crime has been committed and that the person being accused of the crime has committed it.
In the context of malicious prosecution, probable cause is an important element that the plaintiff must disprove to make their claim.
If the person who initiated the legal proceedings had probable cause to think that the plaintiff had committed a crime or was liable in a civil lawsuit, the plaintiff’s claim for malicious prosecution might be weakened or dismissed. In other words, even if the legal proceedings did not ultimately result in a conviction or judgment against the plaintiff, the defendant’s actions may not be considered malicious if there was probable cause to bring those proceedings.
What Factors May Hinder a Claim For Malicious Prosecution against Criminal Prosecutors?
Some factors that may hinder a claim for malicious prosecution against criminal prosecutors could include:
- Absolute immunity: Prosecutors are granted absolute immunity for actions they take in their role as prosecutors. They are protected from lawsuits for actions they take while investigating, charging, or prosecuting a case, even if those actions are later found to be erroneous or illegal. However, prosecutors can still be held liable for actions they take outside their role as a prosecutor.
- Qualified immunity: Law enforcement officers and prosecutors are also entitled to qualified immunity, which shields them from liability for damages resulting from their actions as long as those actions do not violate established law or constitutional rights.
- The difficulty of proving malice: The plaintiff in a malicious prosecution claim must prove that the defendant acted with malice or an improper purpose in initiating the legal proceedings. This can be difficult to prove, as malice may be difficult to establish without clear evidence of an ulterior motive or a similar behavior pattern.
- Other defenses: Defendants may raise other defenses, such as the statute of limitations or the doctrine of res judicata, which bars the plaintiff from bringing a claim that has already been adjudicated.
Bringing a claim for malicious prosecution against a criminal prosecutor can be challenging, and the plaintiff may face significant legal hurdles in doing so. However, it is possible, and a skilled attorney can help you build a strong case.
What Kind of Damages Could I Potentially Get in a Lawsuit against the Prosecutor?
If you file a successful lawsuit against a prosecutor for malicious prosecution, there are damages that you may be able to recover. These damages are intended to compensate you for the harm you suffered due to the wrongful prosecution:
- Compensatory damages: Compensatory damages are intended to compensate you for the direct harm you suffered due to the wrongful prosecution. These damages may include lost wages, medical expenses, and other out-of-pocket expenses that you incurred from the prosecution.
- Emotional distress damages: If you suffered emotional distress from the wrongful prosecution, you might be able to recover damages for that distress, including damages for your anxiety, humiliation, and other emotional harm that you suffered.
- Punitive damages: In some cases, you may recover punitive damages intended to punish the prosecutor for their wrongful conduct and deter others from engaging in similar behavior. Punitive damages are only awarded in cases where the prosecutor’s conduct was particularly egregious or reckless.
- Legal fees: If you hired an attorney to represent you in a lawsuit against the prosecutor, you might be able to recover your legal fees and costs as part of your damages.
The exact damages you may recover in a lawsuit against a prosecutor will depend on the specific facts of your case and the laws of your jurisdiction.
Even though recovering damages in a lawsuit against a prosecutor can be challenging, as prosecutors are entitled to certain legal immunities and defenses, an experienced attorney can help you evaluate your case and determine the types of damages you may recover.
Who Can I Get Advice From if I Am Considering a Lawsuit for Malicious Prosecution?
Don’t wait to get the legal representation you need. Contact a criminal lawyer today to discuss your case and learn more about your options.
