Can a lawful arrest give rise to a malicious prosecution action or his assertion that defendants acted with malice?
California, United States of America
The following excerpt is from Perez v. Blackman, D066637 (Cal. App. 2015):
his lawful arrest can give rise to a malicious prosecution action or his assertion that defendants acted with malice, because we find that defendants had probable cause to initiate the investigation of Perez. (White v. Brinkman (1937) 23 Cal.App.2d 307, 312-313 (White) [explaining that "[i]f probable cause exists, it is an absolute protection against an action for malicious prosecution, even when express malice is proved"].)
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