Malicious Prosecution as a Cause of Action in New York

In New York, malicious prosecution is a legal claim someone can bring when they have been wrongfully subjected to a criminal case. It is a way for individuals to seek justice if they were unjustly accused, arrested, or prosecuted by someone who had no valid reason to do so and acted out of spite or ill will. However, courts do not treat these claims lightly. The burden is on the person suing to show that all four elements of malicious prosecution are clearly met.

The Defendant Started or Continued a Criminal Case

To bring a malicious prosecution claim, the first requirement is that the defendant either initiated or continued a criminal proceeding against the plaintiff. This includes situations where someone files a false police report or persuades law enforcement to arrest or charge a person without proper cause. The involvement must be direct and active—simply knowing about the charges is not enough.

The Criminal Case Ended in the Plaintiff’s Favor

Next, the criminal case must have ended in a way that favors the person bringing the lawsuit. This could be a dismissal, an acquittal at trial, or any other outcome that suggests the charges were unfounded. If the case was resolved in a way that leaves questions open or implies guilt, a claim for malicious prosecution is likely to fail. The termination must clearly reflect the plaintiff’s innocence or lack of wrongdoing.

There Was No Probable Cause for the Prosecution

Probable cause means there were reasonable grounds to believe the person committed a crime. If the police or the person who initiated the charges had enough facts to support the suspicion, then a malicious prosecution claim cannot stand—even if the charges were eventually dismissed. The plaintiff must prove that there was no solid basis for the criminal accusation in the first place.

The Defendant Acted with Malice

Finally, the person bringing the claim must show that the defendant acted with malice. This means the criminal case was not started simply because of a misunderstanding or mistake, but because of spite, revenge, or some improper motive. Proving malice can be difficult, but it is often shown through the circumstances—such as lies told to police, personal grudges, or obvious abuse of the legal process.

Conclusion

Malicious prosecution is a serious claim that protects individuals from being dragged through the criminal justice system for the wrong reasons. In New York, to succeed, the plaintiff must show that the criminal case was baseless, malicious, and ended in their favor. These strict requirements make sure that only those who were truly wronged can use the courts to set things right.

Find the Law

“The elements of a malicious prosecution cause of action were succinctly stated in Broughton v State of New York ( 37 N.Y.2d 451, cert den sub nom. Schanbarger v Kellogg, 423 U.S. 929). The plaintiff must establish that (1) the defendant either commenced or continued a criminal proceeding against him; (2) that the proceeding terminated in his favor; (3) that there was no probable cause for the criminal proceeding; and (4) that the criminal proceeding was instituted in actual malice.” Martin v. City of Albany, 42 N.Y.2d 13, 16 (N.Y. 1977)