Peter, every state is different. In Texas we have a civil remedy called "Malicous Prosecution" which is the institution of a criminal prosecution or civil suit maliciously and without probable cause. The grounds for the action is the scandal, humiliation, vexation, and expense suffered by the person wrongfully prosecuted. There are five elements; (1) filing the criminal or civil action; (2) a termination of the proceeding in favor of the defendant therein; (3) absence of a probable cause for the proceeding; (4) malice on the part of the plaintiff therein; and (5) damage to the defendant therein.
A claimant is entitled to recover adequate compensation covering all elements including (1) loss of time, (2) injury to feelings, reputation, character and health, (3) mental suffering, (4) general impairment of social and mercantile standing, (5) actual loss and injury to property, interest and credit, (6) decrease in earning capacity, and (7) all losses sustained in business.
For civil cases a special injury requirement is also added.
It is much more difficult to bring a malicious prosecution claim for civil cases than it is for criminal cases.
There are also actions for Intentional Infliction of Emotional Distress, Lible and Slander that may be easier to bring than a counter-suit for malicious prosecution.
In the Federal Courts we have Rule 11 of the Federal Rules of Civil Procedure which says in part: All pleadings must be signed with the signer's knowledge, information and belief, formed after reasonable inquiry.... that it is not for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. A violation of the rule can result in appropriate sanctions from the court including an amount to be paid to the opposing party for reasonable expenses incurred because of the filing of the pleading, including attorneys fees."
I have shortened the rule somewhat but you can get the meaning of the rule. |
