Van Audenhove v. Perry

A person who is arrested, but not ultimately prosecuted, may not maintain an action for malicious prosecution against the witness whose complaint prompted the arrest.  A person who is only arrested and is not the subject of any criminal prosecution cannot sue the complaining witness (at whose behest the arrest was made) for malicious prosecution.  Arrest alone does not satisfy the “prosecution” element of a malicious prosecution suit.

California Court of Appeal, Fourth District, Division 2 (Ramirex, P.J.); May 19, 2017; 2017 WL 2200166

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s