What Is Malicious Prosecution?

Malicious prosecution is a type of claim in a civil rights lawsuit. The claim is that a member of law enforcement like a police officer wrongly deprived a person of his or her Fourteenth Amendment right to liberty.

To be successful with a civil rights claim for malicious prosecution a person must show four things: (1) a police officer commenced a criminal case against a person; (2) the criminal case ended in the person's favor, e.g., a dismissal or not guilty verdict; (3) there was no probable cause to make the arrest in the first place; and (4) the criminal case was initiated with malice toward the person.

If you have been the victim of police misconduct like malicious prosecution, contact us now for a consultation: info@nypdharassment.  Visit our website: https://www.nypdharassment.com.

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