Tort Law

Brien Roche

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 Probable Cause.   For more information on Malicious Prosecution see the pages on Wikipedia.

Malicious Prosecution Probable Cause-Cases

2010 O’Connor v. Tice, 281 Va. 1, 704 S.E.2d 572.
In this malicious prosecution action primary issue is whether or not probable cause existed for the criminal prosecution. Jury returned a verdict adverse to the Defendant. Defendant seems to raise advice of counsel defense. That defense is not applicable in this instance. If the defense were applicable, then the Defendant would have to show that there had been a full disclosure of all material facts to the attorney.

1982 Chipouras v. AJ & L Corp., 223 Va. 511, 290 S.E.2d 859.
In testing probable cause court must look only to time when action complained of occurred.

1980 Ayyildiz v. Kidd, 220 Va. 1080, 266 S.E.2d 108.
When defendant acts in good faith, on advice of reputable counsel, and after full disclosure of facts, he has probable cause that is complete defense.

1978 Pallas v. Zaharopoulos, 219 Va. 751, 250 S.E.2d 357.
When defendant, in initiating prosecution, acts in good faith upon advice of reputable counsel and after full disclosure of all material facts, he has probable cause to support his action. Probable cause serves as complete defense.

1978 Bill Edwards Oldsmobile, Inc. v. Carey, 219 Va. 90, 244 S.E.2d 767.
Probable cause is defined as knowledge of such state of facts and circumstances as to excite belief in reasonable mind, acting on such facts and circumstances, that plaintiff is guilty of crime of which he is suspected. Although malice may be inferred from lack of probable cause, lack of probable cause cannot be inferred from malice.

1978 Lee v. Southland Corp., 219 Va. 23, 244 S.E.2d 756.<
Probable cause in malicious prosecution action: “Knowledge of such state of facts and circumstances as excite the belief in a reasonable mind, acting on such facts and circumstances, that the plaintiff is guilty of the crime of which he is suspected.”

1976 Bain v. Phillips, 217 Va. 387, 228 S.E.2d 576.<
Defendant who acts in good faith upon advice of reputable counsel, after full disclosure of facts, has complete defense to action for malicious prosecution, it being considered he has probable cause although advice he received may be wrong.

1976 Niese v. Klos, 216 Va. 701, 222 S.E.2d 798.
Fact that arrest warrant was issued does not permit inference that probable cause was determined so as to bar action. Burden on plaintiff to negative existence of probable cause.<

1976 Tweedy v. J.C. Penney Co., 216 Va. 596, 221 S.E.2d 152.
Malicious prosecution probable cause.Merchant is entitled to exemption from civil liability if he can prove probable cause for restraint and detention of customer. Burden is on defendant to prove probable cause. Fact that defendant was merely mistaken in her belief that plaintiff was guilty as charged will not relieve her of liability.

1972 Parker v. McCoy, 212 Va. 808, 188 S.E.2d 222.
Malicious prosecution probable cause.Nolle prosequi of criminal charges is not evidence of absence of probable cause to arrest and therefore this should be excluded.

1971 Gaut v. Pyles, 212 Va. 39, 181 S.E.2d 645.
Opinion or belief of prosecutor is not test for probable cause.

1967 Giant of Va., Inc. v. Pigg, 207 Va. 679, 152 S.E.2d 271.
Malicious prosecution probable cause.Plaintiff bought items in defendant’s store and placed them in brown bag in her purse; later returned to store and was accused of stealing items. Plaintiff denied theft and said receipt was with her husband in car. Defendant refused to check on receipt. Prosecution resulted in acquittal; malicious prosecution action followed. Jury warranted in finding for plaintiff and believing defendants acted without probable cause and with malice in law, inferred from lack of probable cause.

1961 Spitzer v. Clatterbuck, 202 Va. 1001, 121 S.E.2d 466.
Probable cause is knowledge as excites belief in reasonable mind, acting on such facts and circumstances, that plaintiff is guilty of crime of which he is suspected.

1948 Montgomery Ward & Co. v. Wickline, 188 Va. 485, 50 S.E.2d 387.
Malicious prosecution probable cause.Record of conviction on criminal charge is competent to show probable cause. Likewise record of acquittal is competent. Good faith of defendant in causing arrest is defense.

1948 Brodie v. Huck, 187 Va. 485, 47 S.E.2d 310.
Malicious prosecution probable cause.Burden of proof as to showing absence of probable cause is on plaintiff. In this case absence was found to exist as matter of law.