Requiring Proof for a Federal Malicious Prosecution
Malicious prosecution claims arise when state or federal prosecutors knowingly and maliciously file charges against a defendant. Often, this occurs when a police officer unlawfully arrests an individual and takes them into custody. Under that circumstance, an individual who was subject to an unlawful arrest and malicious prosecution may be able to recover damages done by the government by filing a civil lawsuit. These lawsuits that violate citizen’s constitutional rights are authorized by 42 U.S.C. Section 1983 and are sometimes called “1983 claims” by attorneys and judges.
Proving a malicious prosecution claim can be demanding.
The individual asserting the malicious prosecution must demonstrate the following:
The state initiated a criminal proceeding
The case was brought with ill-intent
There was not probable cause
The defendant endured damages or injuries due to the criminal action
The proceeding was resolved in favor of the defendant
Philadelphia’s top ranked criminal defense lawyer, Evan Hughes, can aid you in the process of proving your malicious prosecution case, and can make a claim for the monetary compensation that you deserve.
Potential Damages in Federal Malicious Prosecution Cases
The main reasons for filing a claim for malicious prosecution are to pursue justice and seek monetary compensation. To receive the monetary compensation for malicious prosecution, the victim must demonstrate the conditions above.
Individuals filing a malicious prosecution case may be eligible for compensatory damages and punitive damages. Compensatory damages serve the purpose to compensate the victim for loss or injury that the victim experienced. Punitive damages are meant to punish the wrongdoing of the government. Victims may pursue punitive damages against the government. Evan Hughes at Hughes Law will do everything in his power to help you receive the compensation you are entitled to.