How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jim Reilly Your Own Question
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
Type Your Criminal Law Question Here...
Jim Reilly is online now
A new question is answered every 9 seconds

Can a police dept. and state atty. be sued for Malicious prosecution

This answer was rated:

Can a police dept. and state atty. be sued for Malicious prosecution if they dropped a case for lack of evidence and then after the person contacts a civil atty, the police call the State Atty and push to have the charges refilled?
The short answer is no. In Florida, you can sue for malicious prosecution only if

(1) The pary to be sued commenced or continued an original criminal or civil judicial proceeding;

(2) The party to be sued was the legal cause of the original proceeding;

(3) The original proceeding was terminated in favor of the Plaintiff;

(4) There was an absence of probable cause in the original proceeding;

(5) The party to be sued acted with malice; and

(6) The Plaintiff suffered damages.

So, the criminal proceeding would have to actually be filed against you, there would have to be an absence of probable cause to bring the case and malice in doing, you would have to win and you would have to suffer damages ... then you could conceivably file a malicious prosecution case. Meeting the burden of proof in this kind of case is very difficult.

Furthermore, public agencies, such as the police department and the state's attorney's office have "sovereign immunity" from such suits. So, even if you could otherwise prove all of the elements of a malicious prosecution, you can't even sue governemental agencies for it.
Jim Reilly and 4 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions