Malicious Prosecution as a Cause of Action in Texas

Malicious prosecution as a cause of action in Texas applies when a person is subjected to a criminal prosecution that should not have been brought and suffers harm as a result. This is a narrow cause of action with demanding elements. It does not apply simply because a criminal case was upsetting, embarrassing, or ultimately unsuccessful. Instead, Texas law requires the plaintiff to prove that the criminal prosecution was commenced, that the defendant caused it, that it ended in the plaintiff’s favor, that the plaintiff was innocent, that there was no probable cause, that the defendant acted with malice, and that the plaintiff suffered damage.

The Commencement of a Criminal Prosecution Against the Plaintiff

The first element is the commencement of a criminal prosecution against the plaintiff. This means there must have been an actual criminal proceeding, not just a rumor, accusation, or police complaint standing alone. The plaintiff must show that the criminal process truly moved forward against them.

This element matters because malicious prosecution as a cause of action in Texas is tied to the serious consequences of being drawn into the criminal justice system. A person may be arrested, charged, required to appear in court, or otherwise forced to defend against a criminal case. Without an actual prosecution, this cause of action does not begin.

Causation, Initiation or Procurement, of the Action by the Defendant

The second element is causation, sometimes described as initiation or procurement of the prosecution by the defendant. The plaintiff must show that the defendant did more than make a complaint and step away. The defendant must have played a meaningful role in causing the prosecution to occur.

This element can be difficult to prove. Merely making a police report is not always the same as formally initiating a criminal prosecution. A plaintiff proceeding under a procurement theory must usually show that the defendant gave false information, that the prosecutor acted on it, and that the prosecution would not have occurred without it. That makes causation one of the most fact-sensitive parts of malicious prosecution as a cause of action in Texas.

Termination of the Prosecution in the Plaintiff’s Favor

The third element is favorable termination. The plaintiff must show that the criminal prosecution ended in the plaintiff’s favor. This requirement exists because the law does not allow a plaintiff to sue for malicious prosecution while the criminal case is still pending or unresolved.

A favorable end usually means the criminal matter concluded in a way consistent with the plaintiff not being criminally responsible. This element is important because it prevents premature civil suits and helps ensure that malicious prosecution as a cause of action in Texas is reserved for people whose criminal cases truly ended in their favor.

The Plaintiff’s Innocence

The fourth element is the plaintiff’s innocence. This makes the cause of action especially demanding. A favorable outcome in the criminal case is not enough by itself. The plaintiff must also show actual innocence of the criminal accusation.

That requirement narrows the cause of action significantly. A dismissed case does not automatically satisfy every element. In malicious prosecution as a cause of action in Texas, innocence stands as its own requirement, which means the plaintiff must do more than show the prosecution failed. The plaintiff must show the accusation itself was directed at someone who was innocent.

The Absence of Probable Cause for the Proceedings

The fifth element is the absence of probable cause. In simple terms, the plaintiff must show there was not a reasonable basis for the criminal proceedings when they began. The focus is on what was known at the time, not on what was discovered later.

This element is often disputed because a defendant may argue that there was enough information to justify the prosecution, even if the case later fell apart. In malicious prosecution as a cause of action in Texas, the plaintiff must show that the proceedings lacked a reasonable foundation from the outset. That is one reason these cases are difficult to prove.

Malice in Filing the Charge

The sixth element is malice in filing the charge. Malice means more than anger, dislike, or personal conflict. It points to an improper motive behind causing the criminal proceedings, such as acting out of hostility, spite, or another wrongful purpose.

This element matters because the law does not impose liability for every mistaken accusation. People can be wrong without acting maliciously. Malicious prosecution as a cause of action in Texas requires something more serious, a wrongful state of mind connected to bringing about the criminal charge. Because direct proof is rare, malice is often shown through surrounding facts and circumstances.

Damage to the Plaintiff

The seventh element is damage. The plaintiff must show actual harm caused by the malicious prosecution. That harm may include legal expenses, reputational injury, emotional suffering, lost income, disruption of daily life, or other concrete losses tied to the criminal case.

This element keeps the cause of action tied to real-world consequences. The plaintiff must connect the wrongful prosecution to actual injury, not just frustration or resentment. In malicious prosecution as a cause of action in Texas, damages complete the causal chain between the wrongful prosecution and the harm suffered by the plaintiff.

Conclusion

Malicious prosecution as a cause of action in Texas is a demanding cause of action because it addresses a serious wrong, causing an innocent person to face an unjustified criminal prosecution. To recover, the plaintiff must prove commencement of a criminal prosecution, causation by the defendant, favorable termination, innocence, lack of probable cause, malice, and resulting damage. Texas courts apply these elements carefully because the law tries to balance two important concerns.

People should be free to report suspected crimes in good faith, but innocent people should also have a remedy when a criminal prosecution is wrongfully caused by another person’s malicious conduct. Malicious prosecution as a cause of action in Texas exists to address that narrow but serious kind of harm.

Find the Law

“The elements of malicious prosecution are (1) the commencement of a criminal prosecution against the plaintiff, (2) causation (initiation or procurement) of the action by the defendant, (3) termination of the prosecution in the plaintiff’s favor, (4) the plaintiff’s innocence, (5) the absence of probable cause for the proceedings, (6) malice in filing the charge, and (7) damage to the plaintiff.” Anderson v. Goodwin, No. 05-23-00343-CV, at *13-14 (Tex. App. Feb. 22, 2024).