The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.
South Carolina Complaint for Malicious Prosecution Involving Filing a False Police Report
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How to fill out Complaint For Malicious Prosecution Involving Filing A False Police Report?
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FAQ
Malicious Prosecution & Abuse of Process Cases in South Carolina. In order to sustain an action for malicious prosecution, a plaintiff must have been charged with some criminal or civil wrong and been exonerated. In malicious prosecution cases, the burden is on the plaintiff to show that probable cause exists.
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.
Evidence to support a malicious prosecution claim can include photographs, witness statements, legal records related to the first claim and expert testimony.
What is False Arrest & False Imprisonment in South Carolina? False imprisonment is the unlawful detention or restraint of another's freedom of movement, for any length of time, without justification or consent.
Malicious prosecution is the filing of a lawsuit for an improper purpose, and without grounds or probable cause. The improper lawsuit may either be civil or criminal in nature. To remedy an act of malicious prosecution, an alleged victim files a malicious prosecution action.
The charge of providing false information to law enforcement is a serious public corruption crime in South Carolina. The offense is detailed in South Carolina Code of Laws §16-17-725 (2011), which makes it a misdemeanor criminal offense with a maximum penalty of up to 30 days in jail.
The statute of limitations for a § 1983 malicious prosecution claim is three years, and begins to run when the criminal proceedings terminate in plaintiff's favor.
SC Code § 16-17-725 says that making a false complaint to a police officer about the commission of a crime (when no police report is filed) or giving false information to a rescue squad or fire department about a health emergency or fire is a misdemeanor that carries up to 30 days in jail or a $200 fine.
