This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Louisiana Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand
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How to fill out Complaint For False Arrest And Imprisonment - 4th And 14th Amendment, US Constitution - Jury Trial Demand?
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FAQ
If you sue for malicious prosecution, you could recover compensation and punitive damages from the defendant. The types of damages you can recover will depend on your specific case and on whether you were prosecuted with a criminal or civil lawsuit, but can include compensation for: Loss of reputation. Loss of credit.
The Elements of a Malicious Prosecution Claim The original plaintiff (now the defendant) had no probable cause or justification to bring the claim. The defendant had malicious intent in bringing the original lawsuit. The defendant lost his or her lawsuit against you when you were the defendant.
In Louisiana, the tort of malicious prosecution requires proof of the following elements: (1) the commencement or continuance of an original criminal or civil judicial proceeding; (2) its legal causation by the present defendant against the plaintiff who was the defendant in the original proceeding; (3) a bona fide ...
The Elements of a Malicious Prosecution Claim A legal action commenced or prosecuted without probable cause. ... The legal action was brought or initiated with malice or malicious intent. Final, favorable termination or resolution of the action (or relevant claims) in the defendant's favor. ... Legally recognizable damages.
Malicious prosecution occurs when someone sues you or brings criminal charges against you without probable cause and with harmful intent. Examples could include someone providing false evidence to the police that you committed a crime or someone suing you for hurting them even if you never caused them harm.