AZ Common Law Causes of Action WRONGFUL PROSECUTION OF A CIVIL ACTION OR MALICIOUS PROSECUTION (2011)

• Jurisdiction: Arizona

WRONGFUL PROSECUTION OF A
CIVIL ACTION OR MALICIOUS PROSECUTION

Elements

“There are five elements to a claim for wrongful prosecution of a civil action. Plaintiff must prove defendant

(1) instituted a civil action which was

(2) motivated by malice,

(3) begun without probable cause,

(4) terminated in plaintiff’s favor and

(5) damaged plaintiff.”

Bradshaw v. State Farm Mut. Auto. Ins. Co., 157 Ariz. 411, 416-17, 758 P.2d 1313, 1318-19 (1988) (citing Carroll v. Kalar, 112 Ariz. 595, 596, 545 P.2d 411, 412 (1976)).

“[I]f the underlying matter is civil, the correct terminology is ‘wrongful institution of civil proceedings,’ rather than ‘malicious prosecution,’ a term technically based upon behavior in an underlying criminal action. Because most of the cases use these terms interchangeably and for the sake of consistency and convenience, we follow suit.” Giles v. Hill Lewis Marce, 195 Ariz. 358, 360, n.1, ¶ 5, 988 P.2d 143, 145, n.1 (App. Div. 2, 1999).

Proof

“To prevail on a malicious prosecution claim, a plaintiff must prove that the underlying criminal action was brought without probable cause. In the context of malicious prosecution, probable cause is defined as ‘a reasonable ground of suspicion, supported by circumstances sufficient to warrant an ordinarily prudent man in believing the accused is guilty of the offense. . . . The test generally applied is: upon the appearances presented to the defendant, would a reasonably prudent man have instituted or continued the proceeding?’” Gonzales v. City of Phoenix, 203 Ariz. 155, ¶ 13, 52 P.3d 184 (2002) (quoting...