Can you sue prosecutor

Despite a challenging year, 20 vital policy reforms were passed across the U. Philip and Nathan Barnett were wrongly convicted for a murder in West Virginia. After 14 years, they have been exonerated by DNA.

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Talk to a Personal Injury Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. A prosecutor may have malice, even the utmost malice, but both malice and an absence of reasonable and probable cause must be satisfied before a court finds that there has been a malicious prosecution.

Whilst claims against the police are civil proceedings, because a serious allegation of misfeasance or improper conduct is being made, the court must go one step further than being satisfied on the balance of probabilities. Furthermore, the more serious the claim of the police misconduct, the more comfortably satisfied the court must be.

Damages available in malicious prosecution claims normally include ordinary, aggravated, and where appropriate, exemplary damages. Where a plaintiff seeks damages for harm suffered, the loss must be intended, or a natural and probable consequence of the wrongful prosecution.

If the plaintiff has also suffered a diagnosable injury, whether physical or psychological, a personal injury claim may also be available.

The impact of the harm suffered by someone after they have been maliciously prosecuted is important to the damages sought in these claims. Under the tort of malicious prosecution, a plaintiff needs to show that they have suffered physical, economical, psychological, or emotional loss because of the malicious and wrongful action carried out by the prosecution.

It is not hard to see how a wrongful prosecution of this nature could leave lasting damage, especially where someone has been arrested and imprisoned pursuant to that prosecution. We provide expert advice and representation in complex malicious prosecution claims, and have successfully sued the NSW Police on several occasions.

Suing for Malicious Prosecution. What is malicious prosecution? How to make a malicious prosecution claim These claims can be quite difficult to prove.