Is it possible to sue a private individual (citizen) in supreme court for malicious prosecution?

Asked about 2 years ago - West Islip, NY

Is it possible to sue a private individual (citizen) in supreme court for malicious prosecution?
Or is it only possible to file malicious prosecution against a municipality? I was looking to bring a civil action lawsuit against the 2 people who filed false charges against me, leading to my false arrest, imprisonment, and the malcious prosecution of the last year of my life, in criminal court, for something that never happened. The charges against me were recently dropped by the judge.

Attorney answers (3)

  1. Benjamin J Lieberman

    Contributor Level 20

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    Answered . Generally speaking a claim for malicious prosecution can only be sustained against a law enforcement authority (the prosecution and the police). There may be some exceptions but you should speak to an attorney as a suit of such nature is extremely complicated. Keep in mind that in pursuing a cause of action for malicious prosecution, it must be precisely that – malicious. There is no cognizable claim for negligent prosecution and prosecutors enjoy immunity for that. There is also a one year statute of limitations from when the underlying criminal case was terminated favorably for you.

  2. Dave Bahr

    Contributor Level 16

    2

    Lawyers agree

    Answered . A claim of malicious prosecution vests against a party bringing a legal action, not filing a false report. A prosecutor unknowingly acting in good faith based on a false report is not maliciously prosecuting anyone. A criminal claim of false reporting may vest against the other parties and you may have civil claims for defamation. You should consult with a local attorney to evaluate your options. Good luck.

    I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your... more
  3. Eric Edward Rothstein

    Contributor Level 20

    Answered . It can be done but it is a hard claim against an individual who is not law enforcement.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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