Topic: (1) the commencement or continuation of a criminal proceedi… · Go Syfert
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Topic #12298

3 canonical passages across 2 cases, quoted by 39 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Broughton v. State.

#Case FlagCanonical passage Citers
1 Broughton v. State Anchor
ny · 1975
green “(1) the commencement or continuation of a criminal proceeding by the defendant against the plaintiff, (2) the termination of the proceeding in favor of the accused, (3) the absence of probable cause for the criminal proceeding and (4) actual malice” 18
2 Broughton v. State
ny · 1975
green “the elements of the tort of malicious prosecution are: (1) the commencement or continuation of a criminal proceeding by the defendant against the plaintiff, (2) the termination of the proceeding in favor of the accused, (3) the absence of probable cause for the criminal proceedi…” 15
3 Rivera v. County of Nassau
nyappdiv · 2011
green “in order to prevail on a cause of action seeking to recover damages for false arrest or imprisonment, a plaintiff must prove that: (1) the defendant intended to confine the plaintiff; (2) the plaintiff was aware of the resulting confinement; (3) the plaintiff did not consent to …” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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