Legal Question in Federal Tort Claims in Kentucky
malicious prosecution
Once charges are dismissed, dropped by both parties, can the defendant then sue for for malicious prosecution?
Asked on 9/05/06, 6:54 pm
1 Answer from Attorneys
Terrence Valko
ERISA Disability Lawyer
Re: malicious prosecution
that is one element - to wit, that the charges were favorable disposed of. you should not have precluded yourself legally from proceding but may have been finessed factually. think of your proofs in light of the elements. you have one element beat, however. always remember to dress up your damages with good evidence. take about a third of the case doing so.
good luck
TV
Answered on 9/05/06, 9:03 pm