§ 26-7 Malicious Prosecution - Conviction Is Bar to Malicious Prosecution Action
| Library | South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.) |
§ 26-7 Malicious Prosecution - Conviction is Bar to Malicious Prosecution Action
A conviction is a bar to a malicious prosecution action. Even if the case is overturned on appeal, malicious prosecution will not lie because probable cause has been established.
See Deaton v. Leath, 279 S.C. 82, 302 S.E.2d 335 (1983)(a conviction, even though subsequently reversed or set aside...
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