What are the elements of a malicious prosecution claim?

MultiRegion, United States of America

The following excerpt is from Dettelis v. Sharbaugh, 919 F.3d 161 (2nd Cir. 2019):

To state a 42 U.S.C. 1983 claim for malicious prosecution, a plaintiff must plead both "a violation of his rights under the Fourth Amendment" and "the elements of a malicious prosecution claim under state law." See Manganiello v. City of New York , 612 F.3d 149, 16061 (2d Cir. 2010). Under New York law, a malicious-prosecution claim requires a plaintiff to show "(1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the proceeding in plaintiffs

[919 F.3d 164]

favor; (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for the defendants actions." Murphy v. Lynn , 118 F.3d 938, 947 (2d Cir. 1997) (internal quotation marks omitted).

Other Questions


What are the elements of a malicious prosecution claim? (MultiRegion, United States of America)
What are the elements of a malicious prosecution claim? (MultiRegion, United States of America)
Can a defendant bring a vindictive prosecution claim and a selective prosecution claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Does the good faith defense apply to claims for denial of constitutional rights based on excessive force and malicious prosecution? (MultiRegion, United States of America)
Can a plaintiff bring a claim for malicious prosecution under section 1983 of the California Civil Code of Civil Procedure against the Department of Justice for improper search and seizure of personal information? (MultiRegion, United States of America)
Is there sufficient evidence to sustain a malicious prosecution claim? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
Is probable cause a complete defense to a claim of malicious prosecution? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.