§ 26-5 Malicious Prosecution - Termination by Entry of Nolle Prosse

LibrarySouth Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 26-5 Malicious Prosecution - Termination by Entry of Nolle Prosse

The entry of a nolle prosse constitutes sufficient termination to support an action for malicious prosecution, provided the nolle prosse is entered under circumstances which imply or are consistent with innocence of the accused. A "nolle prosequi" is the formal entry on the record by the prosecuting attorney by which he declares he will not prosecute the case further.

See Law v. South Carolina Dep't of Corrections, 368 S.C. 424, 629 S.E.2d
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