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What are my chances to winning a civil lawsuit for malicious prosecution on a criminal charge?

Westfield, MA |

I was just involved in two separate cases at the same time. 1. I was taking the Powdermill village to court to recede a trespass.2 Westfield pd applied to charge me with a trespass on powdermills behalf. In both cases the same officer stated that I was viewed in a hand to hand drug transaction with my sister Which whom I was handing Newport cigarettes as she lit one then and there. also I can prove the officer lied on the stand on case 1. I have alot of evidence and they have none. I won both cases. I want to sue the property owners and possibly Westfield pd. for they conspire with each other. the property manager told my sister I could not go to her apartment, which was in violation of her tenant right and my civil right of intimate association. also they had me arrested and fined 2009

also I can prove through legal documents and a testimony givin by the officer that he lied to the judge twice and why would the police department charge me with the trespass and not the property owner isnt up to them to pursue charges? he purposely did not include certain important peices of info to hide the fact. also he traumatized my child who once upon a time wanted to be a police officer but not no more.

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Attorney answers 3

Posted

You should probably consult a litigation attorney if you decide to file a claim for malicious prosecution. To make out a case of malicious prosecution in Massachusetts, the plaintiff bears the burden of demonstrating that: (1) the defendant instituted criminal proceedings against the plaintiff; (2) with malice; (3) and without probable cause; (4) and that those proceedings terminated in favor of the plaintiff. From your question, you have the fourth element in your favor and probably the first, but it is hard to prove that the charges were brought against you with malice and without probable cause. You may also want to consider a claim for civil conspiracy, among others. If you feel you were wronged and wish to pursue any claims, you should really consult an attorney. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Posted

These are tough cases

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Posted

Do yourself a favor and at least "consult" an
attorney with this one . . . as the others state
"this is a tough one" because the courts do
not like it when you sue their police or city
prosecutors. If they don't take it . . . then think
about doing it by yourself ("pro se"). You can
also hang around your local law library and
talk to young attorneys or law students for
advice. Sue the cops/prosecutor (malicious
prosecution) and the property owners (slander,
defamation). Your sister can sue the owners
perhaps for violating her lease agreement (by
barring you from her apartment). Good luck!

THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.

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