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What is Malicious Prosecution?
Malicious Prosecution occurs when a government official instituted or continued legal proceedings against them without probable cause, with malice, and they must prevail.
In laymans terms, that means a police officer or prosecutor has to know that there as not probable cause (most often because the officer lied in their probable cause affidavit) and continued the legal proceedings anyway, resulting in you winning by either dismissal or a not guily verdict.
Whether the prosecution was malicious has to be look at on a case by case basis, taking several factors into account.
How Do I Know If I Was A Victim of Malicious Prosecution?
In order to determine whether you were the victim of malicious prosecution you’ll need an experienced lawyer on your side. We’ll look at things such as the body cam footage of the officer, internal communications betweent the officers and prosecutor, witness interviews, and all sorts of other infotrmation sources to decide whether we can prove the officer or other governmental official clearly knew what they were saying was false.
Do I Win If A Court Says The Force Was Excessive?
Not necessarily. Even if the court rule their was malicious prosecution the case may get dismissed based on Qualified Immunity. In order to survive a Qualified Immunity defense, your excess force attorney will need to fine case law from the Supreme Court of the United States or the Seventh Circuit Court of appeals that is similar enough to your case that the individuals (officers, prosecutor, etc.) involved should have been put on notice that the conduct they were engaging in was unconstitutional OR their conduct must be so egregious that any reasonable officer would know their actions were unconstitutional.
Then, even if you survive summary judgment based on whether the conduct qualifies as malicious prosecution and qualified immunity, you’ll still need to take your case before a jury and secure a verdict, which is incredibly difficult in the State of Indiana.
In order to win malicious prosecution case you’ll need an experience malicious prosecution attorney who knows how to properly handle these cases from investigation, to formal discovery, and even trial if necessary.
What Kind Of Compensation Can I Get For A Malicious Prosecution Claim?
The damages you’re entitled to receive if you win a malicious prosecution claim are outlined by 42 U.S.C. section 1983. They include:
– Medical Bills
– Lost Wages
– Pain and Suffering
– Reasonable Attorney’s Fees
– Reasonable Expert Expenses
– Damages for the violation of your Constitutional Rights (Usually determined by how long you were required to remain in jail/prison unjustly)
An experienced malicious prosecution lawyer can easily navigate these issues for you.