3.7.6 Wrongful Institution of Civil Proceedings|Malicious Prosecution.

• Jurisdiction: Arizona

3.7.6 Wrongful Institution of Civil Proceedings/Malicious Prosecution. Wrongful institution of civil proceedings (“WICP”) and malicious prosecution claims are closely related but distinct torts. A WICP claim arises from an underlying civil case and requires proof of the following five elements:⁷⁷ (1) the defendant instituted a civil action which was (2) motivated by malice, (3) begun [or maintained] without probable cause, (4) terminated in plaintiff’s favor, and (5) damaged plaintiff. A malicious prosecution claim arises from an underlying criminal matter and requires proof of the following five elements: (1) a prior prosecution terminated in favor of the plaintiff; (2) the defendant prosecuted the matter; (3) the prosecution was motivated by malice; (4) there was no probable case; and (5)...