North Carolina Complaint for Malicious Prosecution, False Imprisonment, Abuse of Process
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FAQ
An action for malicious prosecution or an action for abuse of process is not barred until the expiration of three years after the accrual of the cause of action. G.S. 1-52. The one year statute of limitations applies to an action for false imprisonment.
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.
Under North Carolina law, it is considered malicious prosecution to wrongfully initiate criminal proceedings against someone. The person must have intentionally caused the criminal action, without probable cause, with some intent other than obtaining a legal judgment, and which was ultimately dismissed in court.
Although the Crown Prosecutor and the police officers can be named as Defendants in a malicious prosecution action, most jurisdictions provide for the assumption of liability by and vicarious liability of the Crown, which may thus be the only Defendant.
An action for malicious prosecution or an action for abuse of process is not barred until the expiration of three years after the accrual of the cause of action. G.S. 1-52. The one year statute of limitations applies to an action for false imprisonment.
Generally, the elements for abuse of process are: (1) the use of an illegal or improper use of process; (2) an ulterior motive or improper purpose; and in some jurisdictions (3) harm to a litigant. For the purposes of abuse of process, an arbitration proceeding is a judicial proceeding.
In North Carolina, felony crimes have no statutes of limitations?meaning a felony criminal case can be filed at any time. Most misdemeanor cases must be charged by the prosecutor within two years of the crime. Exceptions to the two-year limit are noted below.
