What Is a Malicious Prosecution Claim?

Accidentally incorrectly identifying a perpetrator could happen to anyone. If law enforcement, prosecutors, or the victim of a civil tort or crime misidentifies a defendant in good faith, the innocent party (the original defendant) might not have any legal recourse once the identity of the true defendant becomes known. If, however, the prosecution of the incorrect defendant was malicious or intentional, the victim could have grounds to bring a malicious prosecution claim in Texas.

In general, a malicious prosecution claim alleges that the defendant (previously the plaintiff) brought a disingenuous civil or criminal claim against the plaintiff (previously the defendant) intentionally, knowing that the claim was illegitimate. These claims generally assert that the current defendant brought the claim with the goal of hurting the current plaintiff, such as by damaging his or her reputation, getting the plaintiff arrested, or making the plaintiff pay for damages he or she did not cause.

Maliciousness is an elevated allegation compared to negligence. It takes more than simple carelessness, neglect or a mistake to prove that someone acted maliciously. Maliciousness takes proving the defendant’s intent to knowingly pursue a wrongful prosecution. Proving a malicious prosecution claim, therefore, requires evidence of active and willful misconduct on the part of the defendant.

To win a malicious prosecution claim, a party must successfully establish certain elements. First, the plaintiff (or his or her lawyer) must show the defendant initiated or continued a civil or criminal legal proceeding that named the plaintiff as the defendant. Second, the plaintiff must establish that the defendant did not have any reasonable grounds on which to believe the allegations involved in the legal proceeding were true.

The third element is one of the most important: the burden to prove maliciousness. The plaintiff must show through a preponderance of the evidence that the defendant committed the act in question with malicious intent; any intent other than to simply obtain a judgment in the civil or criminal proceeding. Fourth, the defendant must have lost his or her original case – the illegitimate case in which the defendant was the plaintiff and the plaintiff the defendant. Finally, the plaintiff must have evidence that the illegitimate case caused damages, such as the loss of a job or injury to a reputation.

It is generally not enough to prove malicious prosecution if the plaintiff was only arrested and not tried during a criminal case. Simply threatening a lawsuit and not filing one is also not enough grounds to file a malicious prosecution claim. Also, the outcome of the allegedly illegitimate civil or criminal case must prove the current plaintiff was innocent. This might require an acquittal during a criminal trial, for example, or a negative outcome during a civil trial. Failure to prove malicious intent is another common reason for these claims to fail.

A successful malicious prosecution claim will have proof of all necessary legal elements. A malicious prosecution lawsuit is a civil claim, not a criminal charge. The burden of proof, therefore, is not to prove the defendant’s guilt beyond a reasonable doubt, but to establish the facts the plaintiff’s side of the case presented are more likely to be true than not true. A successful claim could result in compensation for the plaintiff for related damages and losses. These can include injuries to reputation, emotional distress, mental anguish, legal fees, lost wages and earning opportunities, physical injuries related to an arrest, and punitive damages.

A victim of malicious prosecution might also have grounds to file a separate police misconduct claim, depending on the situation. If a law enforcement officer or agency played an active role in intentionally pursuing the incorrect defendant, the victim could also receive compensation or recourse for police misconduct. This will be a separate case the victim’s lawyer will need to bring on top of a malicious prosecution claim in Texas.

Speak with our Houston personal injury attorneys today at (800) 773-6770.

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