How To Prove A Michigan Malicious Prosecution Claim

 

 

In Michigan, a claim of Malicious Prosecution is defined as:

An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice.

It simply means:

A lawsuit is brought for purposes other than bringing someone to justice.

There are 4 elements of the claim:

• Element 1. The defendant initiated a criminal prosecution against the plaintiff. In a malicious prosecution claim, the defendant is the one who started a criminal case against the plaintiff, meaning they took legal action that wrongfully accused the plaintiff of a crime without proper justification.
  

  Facts that might support this element look like:

  * The defendant filed a police report accusing the plaintiff of theft, leading to the plaintiff’s arrest.
  * The defendant provided false testimony during the plaintiff’s preliminary hearing, influencing the decision to proceed with charges.
  * The defendant actively encouraged law enforcement to investigate the plaintiff, despite lacking credible evidence.
  * The defendant communicated with the prosecutor, urging them to pursue charges against the plaintiff.
  * The defendant had a personal motive to harm the plaintiff, which influenced their decision to initiate the prosecution.

• Element 2. The criminal proceedings terminated in the plaintiff’s favor. In a malicious prosecution claim, “the criminal proceedings terminated in the plaintiff’s favor” means that the person who was wrongfully accused had the charges against them dropped or dismissed, showing that they were not guilty of the crime they were accused of.
  

  Facts that might support this element look like:

  * The plaintiff was acquitted of all charges after a jury trial, demonstrating that the criminal proceedings concluded in their favor.
  * The prosecutor dropped all charges against the plaintiff before the trial commenced, indicating a favorable termination of the criminal case.
  * The court dismissed the charges against the plaintiff due to lack of evidence, resulting in a favorable outcome for the plaintiff.
  * The plaintiff received a certificate of innocence from the court, confirming that the criminal proceedings ended in their favor.
  * The plaintiff successfully appealed the conviction, leading to a reversal and termination of the criminal proceedings in their favor.

• Element 3. The defendant acted without probable cause. The defendant started legal action against someone without a good reason or evidence to support their claims, meaning they acted unfairly and without justification, which is a key part of proving a malicious prosecution case.
  

  Facts that might support this element look like:

  * The defendant initiated legal proceedings despite lacking any credible evidence to support the allegations against the plaintiff.
  * The defendant was informed by law enforcement that the evidence did not substantiate the claims before filing the lawsuit.
  * The defendant had a history of filing similar claims against others without sufficient basis, indicating a pattern of malicious intent.
  * The defendant failed to conduct a reasonable investigation into the facts before pursuing legal action against the plaintiff.
  * The defendant’s own statements revealed doubts about the validity of the claims prior to initiating the prosecution.

• Element 4. The defendant acted with malice or an improper purpose. The defendant had bad intentions or acted for a wrongful reason, meaning they pursued legal action against someone not to seek justice, but to harm or annoy that person.
  

  Facts that might support this element look like:

  * The defendant initiated the legal action despite knowing there was insufficient evidence to support the claims.
  * The defendant made false statements to law enforcement to provoke the prosecution against the plaintiff.
  * The defendant had a personal vendetta against the plaintiff, which motivated the wrongful legal action.
  * The defendant continued to pursue the case even after being informed that the allegations were baseless.
  * The defendant’s actions were intended to harass and intimidate the plaintiff rather than to seek justice.

^{(See Matthews v. Blue Cross & Blue Shield of Michigan, 456 Mich. 378, 572 N.W.2d 603 (1998). Peterson Novelties, Inc. v. City of Berkley, 259 Mich. App. 1, 672 N.W.2d 351 (Mich. Ct. App. 2003).)}
If you’re in court without a lawyer and plan to assert a Claim of Malicious Prosecution, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal process effectively.

Prove Your MI Malicious Prosecution Claim

U.S. Civil Cases Only