How To Prove A Texas Malicious Prosecution Claim
In Texas, 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 6 elements of the claim:
- Element 1. There was a civil proceeding instigated against the plaintiff. A civil proceeding was started against the person making the claim, which is a key part of proving that they were wrongfully targeted in a legal case without proper cause.
Facts that might support this element look like:
* The plaintiff was named as a defendant in a civil lawsuit filed by the defendant in this case.
* The civil proceeding against the plaintiff was initiated without any legitimate legal basis or probable cause.
* The defendant actively participated in the civil proceeding, pursuing claims against the plaintiff through court filings.
* The civil lawsuit against the plaintiff was ultimately dismissed by the court for lack of merit.
* The defendant had knowledge that the claims in the civil proceeding were false and unfounded at the time of filing. - Element 2. The proceeding was instigated by the defendant. In a Malicious Prosecution Claim, the phrase “the proceeding was instigated by the defendant” means that the person being accused (the defendant) started the legal action against someone else without a good reason, often to harm or harass that person.
Facts that might support this element look like:
* The defendant initiated the legal proceedings by filing a complaint against the plaintiff without any legitimate basis.
* The defendant actively encouraged witnesses to provide false testimony to support the claims against the plaintiff.
* The defendant had prior knowledge that the allegations were unfounded but proceeded to file the lawsuit anyway.
* The defendant’s actions were motivated by a desire to harm the plaintiff’s reputation rather than to seek justice.
* The defendant failed to conduct any reasonable investigation before bringing the case against the plaintiff. - Element 3. There was malice in the commencement of the proceeding. Malice in the commencement of a proceeding means that the person who started the legal action did so with bad intentions, like wanting to harm someone or to cause trouble, rather than for a legitimate reason.
Facts that might support this element look like:
* The plaintiff initiated the legal proceedings despite knowing that the allegations were false and lacked any credible evidence.
* The plaintiff had a history of using legal actions to harass and intimidate the defendant, demonstrating a pattern of malicious intent.
* The plaintiff made public statements expressing a desire to harm the defendant’s reputation prior to filing the lawsuit.
* The plaintiff failed to conduct a reasonable investigation into the facts before commencing the legal action, indicating a disregard for truth.
* The timing of the lawsuit coincided with a personal dispute between the parties, suggesting ulterior motives behind the legal action. - Element 4. There was a lack of probable cause for the proceeding. A lack of probable cause means that there wasn’t enough reasonable evidence or justification to start the legal case against someone, which is a key requirement for claiming that the prosecution was done maliciously or without proper grounds.
Facts that might support this element look like:
* The plaintiff was not present at the scene of the alleged incident, and there were no eyewitnesses to support the claims made against them.
* The investigating officer failed to gather or consider exculpatory evidence that would have undermined the basis for the charges.
* The prosecutor dismissed the case due to insufficient evidence, indicating a lack of probable cause from the outset.
* The defendant’s actions were based solely on hearsay and unverified information, lacking any concrete evidence to support the allegations.
* The plaintiff had a solid alibi, which was disregarded by the authorities during the investigation. - Element 5. The proceeding was terminated in favor of the plaintiff. In a malicious prosecution claim, “the proceeding was terminated in favor of the plaintiff” means that the legal case against the plaintiff ended positively for them, showing they were wrongfully accused or targeted, which is a key part of proving their case.
Facts that might support this element look like:
* The court dismissed the defendant’s claims against the plaintiff due to lack of evidence.
* The plaintiff was awarded summary judgment, concluding that the defendant’s allegations were unfounded.
* The jury found in favor of the plaintiff, determining that the defendant acted with malice.
* The defendant voluntarily withdrew the lawsuit after realizing the plaintiff’s strong defense.
* The appellate court upheld the lower court’s ruling, confirming the plaintiff’s victory in the case. - Element 6. The plaintiff suffered special damages. The plaintiff experienced specific financial losses, like lost wages or medical expenses, directly resulting from the wrongful legal action taken against them, which is a key part of proving their case in a malicious prosecution claim.
Facts that might support this element look like:
* The plaintiff incurred significant legal fees while defending against the baseless charges brought by the defendant.
* The plaintiff lost income due to missed workdays while attending court hearings related to the malicious prosecution.
* The plaintiff experienced emotional distress, leading to medical expenses for therapy and counseling as a result of the false allegations.
* The plaintiff’s reputation was damaged, resulting in lost business opportunities and contracts during the prosecution period.
* The plaintiff had to pay for expert witnesses to refute the defendant’s unfounded claims in court.
(See Akin v. Dahl, 661 SW 2d 917 – Tex: Supreme Court 1983.)
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 TX Malicious Prosecution Claim
U.S. Civil Cases Only