How To Prove A Tennessee Malicious Prosecution Claim

 

 

In Tennessee, 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 brought for purposes other than bringing the defendant to justice.

There are 4 elements of the claim:

• Element 1. A prior lawsuit or judicial proceeding was initiated against the plaintiff. A prior lawsuit or legal action was started against the person making the claim, which is an important part of proving that the earlier case was pursued wrongly or without proper reason in a malicious prosecution claim.
  

  Facts that might support this element look like:

  * The plaintiff initiated a lawsuit against the defendant in 2020, alleging breach of contract.
  * The plaintiff filed a complaint in 2019, seeking damages for alleged negligence by the defendant.
  * In 2021, the plaintiff pursued a judicial proceeding against the defendant for defamation.
  * The plaintiff’s previous lawsuit was dismissed with prejudice in 2022, indicating a final judgment.
  * The plaintiff has a history of filing multiple lawsuits against various parties, including the defendant.

• Element 2. The prior lawsuit or judicial proceeding was without probable cause. In a malicious prosecution claim, “without probable cause” means that the previous lawsuit or legal action was started without a reasonable basis or valid reason, suggesting it was more about harassment than a legitimate legal issue.
  

  Facts that might support this element look like:

  * The plaintiff in the prior lawsuit failed to present any credible evidence to support their claims against the defendant.
  * The defendant had a documented alibi that was not considered in the prior judicial proceeding.
  * The plaintiff’s claims were based solely on hearsay and speculation, lacking any factual basis.
  * The prior lawsuit was dismissed by the court for lack of merit, indicating no probable cause existed.
  * The plaintiff had a history of filing frivolous lawsuits, suggesting a pattern of malicious intent rather than legitimate claims.

• Element 3. The prior lawsuit or judicial proceeding was initiated with malice. The prior lawsuit or legal action was started with bad intentions, meaning the person who filed it did so to harm or annoy someone else, rather than for a legitimate reason.
  

  Facts that might support this element look like:

  * The plaintiff in the prior lawsuit had a history of filing frivolous claims against multiple defendants without any legitimate basis.
  * The defendant in the prior lawsuit was aware that the claims were false but proceeded to file the lawsuit to harass and intimidate the plaintiff.
  * The plaintiff made public statements expressing a desire to harm the defendant’s reputation, indicating a motive beyond seeking justice.
  * The prior lawsuit was filed shortly after a personal dispute between the parties, suggesting a retaliatory motive.
  * The plaintiff failed to present any credible evidence to support the claims in the prior lawsuit, demonstrating a lack of good faith.

• Element 4. The prior lawsuit or judicial proceeding terminated in the plaintiff’s favor. This means that in a previous legal case, the person who is now suing for malicious prosecution won their case, showing that the earlier lawsuit was unjust or unfounded.
  

  Facts that might support this element look like:

  * The plaintiff was awarded a judgment in their favor in the prior lawsuit, confirming the validity of their claims.
  * The court dismissed the defendant’s claims against the plaintiff with prejudice, preventing any further litigation on the same matter.
  * The jury found in favor of the plaintiff, establishing that the defendant’s allegations were unfounded.
  * The prior judicial proceeding concluded with a settlement that explicitly acknowledged the plaintiff’s rights and claims.
  * The appellate court upheld the lower court’s ruling, reinforcing the plaintiff’s victory in the initial lawsuit.

^{(See Himmelfarb v. Allain, No. M2010-02401-COA-R10-CV (Tenn. Ct. App. Jun. 9, 2011).)}
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 TN Malicious Prosecution Claim

U.S. Civil Cases Only