New York Civil Rights: Fight Malicious Prosecution
If someone initiated or continued a criminal case (or, in some situations, a civil lawsuit) against you in New York without probable cause and with malice, and the prior matter ended in your favor, you may have a malicious prosecution claim. Below are the elements, common defenses, how these cases differ from false arrest, and steps to protect your rights. For a consultation, contact our team.
What Is Malicious Prosecution in New York?
New York recognizes a claim for malicious prosecution to remedy harm from a prior proceeding that should not have been brought. To prevail, you must establish the elements described below. See, e.g., Broughton v. State.
Elements You Must Prove
- Initiation or continuation: The defendant initiated or continued a prior proceeding against you.
- Favorable termination: The prior proceeding ended in your favor.
- No probable cause: There was no probable cause for the proceeding.
- Malice: The proceeding was initiated with malice (an improper purpose). See Broughton; Colon v. City of New York.
What Counts as a Favorable Termination?
Under New York common law, a termination is favorable when it is not inconsistent with innocence. Acquittals qualify, and certain dismissals can as well, depending on context. See Smith-Hunter v. Harvey; Cantalino v. Danner.
- Criminal cases: Dismissals in the interest of justice or on speedy-trial grounds may qualify based on the circumstances. By contrast, some dispositions (e.g., certain adjournments in contemplation of dismissal) may not.
- Civil cases: A dismissal without prejudice that permits refiling is generally not a favorable termination for a civil malicious prosecution claim. See MacFawn v. Kresler.
Note: For federal civil rights claims under 42 U.S.C. § 1983, the U.S. Supreme Court now requires only that the prosecution ended without a conviction. See Thompson v. Clark. That federal standard does not alter New York’s common-law requirements.
Probable Cause and Malice
Probable cause exists if the facts known at the time would lead a reasonably prudent person to believe the charge was valid. If probable cause existed, the claim typically fails. See Martin v. City of Albany. An indictment creates a presumption of probable cause that can be overcome only by showing fraud, perjury, suppression of evidence, or other misconduct. See Colon.
Malice means an improper purpose (for example, to harass or retaliate). Malice can be inferred from a lack of probable cause together with other circumstances. See Broughton.
Who Can Be Liable
Liability can attach to individuals or entities that played an active role in initiating or continuing the proceeding, including—when the facts support it—law enforcement officers or municipalities. Mere witnesses who truthfully report information are generally not liable.
Malicious Prosecution vs. False Arrest/Imprisonment
- False arrest/false imprisonment targets an initial detention without legal privilege and typically ends once legal process begins (e.g., arraignment).
- Malicious prosecution addresses misuse of legal process after it begins and requires a favorable termination.
See Broughton; Martinez v. City of Schenectady.
Damages You May Recover
Compensatory damages can include prior-case legal fees, lost income, and other out-of-pocket losses, plus non-economic harms such as reputational injury and emotional distress. In appropriate cases, punitive damages may be available.
Special Rules for Claims Against Government Entities
State-law tort claims against public corporations (e.g., cities, counties, agencies) usually require a written Notice of Claim within 90 days, and suit within a limited time period. See GML § 50-e and GML § 50-i. These prerequisites generally do not apply to federal § 1983 claims, but shorter municipal deadlines can still affect strategy.
Evidence That Helps These Cases
- Prior case docket, transcripts, and disposition orders
- Police reports, body-worn camera footage, and 911 recordings
- Correspondence or messages evidencing retaliatory motives
- Witness statements and impeachment materials
- Internal policies and training materials (for entity defendants)
- Expert and documentary proof of damages
Practical Tips
- Preserve everything: save texts, emails, voicemails, and social media messages related to the prior case.
- Request records early, including body-camera footage and 911 calls, to prevent routine deletion.
- Avoid public commentary that could be used to challenge credibility or mitigate damages.
- Do not contact potential defendants directly; let counsel handle communications.
How We Build Your Case
We evaluate the prior proceeding’s outcome, investigate probable cause, and develop proof of malice. We assess potential defendants and immunities, navigate notice requirements, and pursue negotiation or litigation to obtain compensation.
Act Promptly
Deadlines are strict. Many New York common-law malicious prosecution claims carry a one-year limitations period. See CPLR 215(3). Claims against municipalities can require a Notice of Claim within 90 days and suit within one year and 90 days. See GML § 50-e; § 50-i. By contrast, federal § 1983 claims generally borrow New York’s three-year personal-injury period. See Owens v. Okure. Because accrual rules and exceptions can be nuanced, speak with counsel promptly.
Next Steps
- Gather all papers from the prior case (docket sheet, motions, orders, transcript excerpts).
- Avoid contacting potential defendants directly or posting about the matter publicly.
- Consult an attorney experienced in New York civil rights litigation to assess your options and timing.
We are here to help you evaluate and pursue your claim. Contact us to get started.
FAQs
When does a malicious prosecution claim accrue in New York?
Generally, at favorable termination of the prior proceeding. Timing can vary with specific dispositions and claim types, so consult counsel promptly.
Does an indictment defeat my claim?
An indictment creates a presumption of probable cause. You can overcome it by showing misconduct such as fraud, perjury, or suppression of evidence.
How is malicious prosecution different from false arrest?
False arrest focuses on detention before legal process begins; malicious prosecution addresses the misuse of legal process after it begins and requires a favorable termination.
Do I need to file a Notice of Claim?
For state-law claims against New York public corporations, usually yes, within 90 days. Federal § 1983 claims do not require a Notice of Claim, but other deadlines still apply.
Ready to talk? Take the first step toward protecting your rights. Contact us today.
Disclaimer
This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and depend on your facts and locality. Consult a licensed New York attorney about your specific situation.