Court of Appeals Clarifies Malicious Prosecution Standard

In today's The Rogak Report:

The Court of Appeals explains what a plaintiff's burden is in a malicious prosecution claim.  In DeLourdes Torres v Jones, plaintiff was a suspect in a murder case.  She initially lied to detectives about not knowing the deceased.  During 21 hours of questioning she finally agreed to sign a confession, written by the police, which included details about the crime scene which the detectives knew were false.  This, held the Court, created a triable issue of fact as to both her false arrest and malicious prosecution claims.  Read the details here.

Lawrence N. Rogak

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