How Do You Prove Malicious Intent? To win a suit for malicious prosecution What qualifies as malicious prosecution? The filing of a lawsuit for an improper purpose, and without grounds or probable cause. The lawsuit may either be civil or criminal in nature. To remedy an act of malicious prosecution, an alleged victim files a
Is Selective Prosecution A Defense? In interpreting federal rules, the United States Supreme Court held that, because a selective prosecution claim is not a defense to the merits of a criminal charge but instead is an independent claim of prosecutorial misconduct, discovery related to selective prosecution allegations will be granted only if defendants … Is
Can You Sue For Malicious Intent? Can you sue for malicious intent? A plaintiff can sue for malicious prosecution when a defendant “maliciously” prosecutes a criminal case or uses a civil proceeding against the plaintiff when the defendant knows he or she doesn’t have a case. How do you prove malicious? To win a suit