Tort Law

Malicious Prosecution-Instituting Criminal Proceedings

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-Instituting Criminal Proceedings.

2011 Lewis v. Kei, 281 Va. 715, 708 S.E.2d 884.
Police officer obtained a warrant for arrest of plaintiff for attempted abduction of a 10-year-old child based upon citizen’s complaint which ultimately proved to be unfounded. Based on those facts, the officer had probable cause to seek the arrest warrant and therefore demurrer to malicious prosecution claim was properly granted. Likewise, the finding of probable cause defeats the claim for false imprisonment. The police officer, however, did make several false statements about the plaintiff relating to the facts of the matter thereby accusing him of the commission of a criminal offense constituting defamation per se.

2007 Reilly v. Shepherd, 273 Va. 728, 643 S.E.2d 216.
Detective investigated armed robbery of a cab driver. Based upon a matching physical description and the forensic evidence of a latent fingerprint taken from the taxicab window, the detective caused the plaintiff to be arrested on robbery and firearms charges. The plaintiff was jailed for six days. The case was subsequently dismissed by the prosecution because the victim was unable to identify the plaintiff as the perpetrator. The trial court should have dismissed this case a matter of law as there was no jury issue as to lack of probable cause on the part of the defendant.

1967 Giant of Va., Inc. v. Pigg, 207 Va. 679, 151 S.E.2d 363.
Law favors prosecution for crime.

1960 Blanks v. Gordon, 202 Va. 295, 117 S.E.2d 82.
Court instructed jury that if they believed from evidence that plaintiff was guilty of criminal charge, then their verdict should be for defendant. Trial judge stated he gave this instruction reluctantly, even though no objection was raised by plaintiff, since it did not contain principle that plaintiff’s guilt must be proved beyond reasonable doubt.

1950 Manuel v. Cassada, 190 Va. 906, 59 S.E.2d 47.
Criminal proceedings constituted gross violation of plaintiff’s rights.