Tort Law

Malicious Prosecution-Groundless Civil Case

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Malicious Prosecution-Groundless.  

See Va. Code § 8.01-41 dealing with wrongful distraint and attachment.

1988 Donohoe Constr. Co. v. Mount Vernon Assocs., 235 Va. 531, 369 S.E.2d 857.

Complaint for malicious prosecution will lie for malicious institution of groundless civil proceeding. Plaintiff must prove arrest of his person, seizure of his property, or special injury. Malicious prosecution differs from abuse of process in that malicious prosecution lies in maliciously causing process to issue, while abuse of process is improper use of process after it has been issued.

1980 Ayyildiz v. Kidd, 220 Va. 1080, 266 S.E.2d 108.

Malicious prosecution action stemming from civil action not maintainable where there is no arrest, seizure of property or special injury. Special injury restriction requires proof of special loss or hardship caused by malice or contrivance of plaintiff. Defense costs, loss of profits, and injury to reputation do not suffice.

1961 Boggs v. Duncan, 202 Va. 877, 121 S.E.2d 359.

Whenever injury results from issuance of judicial process in civil action, person procuring issuance incurs no legal responsibility provided he acts in good faith and in honest conviction.