May 30, 2006

Little help?

Apparently, there's an intentional tort titled Malicious Prosecution.

A prima facie case involves the following elements, according to the Conviser Mini Review:

i) institution of *criminal* proceedings against the plaintiff
ii) termination in the plaintiff's favor
iii) absence of probable cause for prior proceedings
iv) improper purpose
v) damages

The CMR goes on to state, "Prosecutors are immune from liability." The next bullet point covers wrongful civil proceedings.

So my question is this: If prosecutors are immune and one of the elements is institution of criminal proceedings, then who are the defendants to this tort?

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