What is the tort of malicious prosecution?

Malicious prosecution is a civil tort (legal claim) in which an individual wrongfully initiates a legal action against another, such as a criminal or civil complaint. In California, malicious prosecution is defined as the wrongful initiation of legal proceedings without probable cause, with malice, and without the intention of obtaining a valid outcome. To prove malicious prosecution, a plaintiff (the person claiming malicious prosecution) must prove that the defendant (the person being accused of malicious prosecution) filed the legal proceedings with malicious intent, lacked probable cause, and that the proceedings were ultimately dismissed in favor of the plaintiff. Generally, malice is present when the defendant is aware of the lack of probable cause, but proceeds to file the legal proceedings. In other words, the defendant acted in bad faith and with an improper motive, such as an intent to harm or embarrass the plaintiff. If the plaintiff is successful in their claim, they can recover damages for emotional distress, attorney’s fees, and court costs. It is important to note that malicious prosecution claims are often difficult to prove and require strong evidence. California provides a one-year statute of limitations for malicious prosecution claims, meaning a plaintiff must file the claim within one year of the legal action’s dismissal. Additionally, the plaintiff must prove that their damages would not have been incurred without the defendant’s wrongful act.

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