Texas Skaggs, Inc. v. Graves (1979)
Facts:
The defendant reported to the authorities that Graves’ checks had bounced, despite the fact that she had later paid the checks by money order. Graves claimed malicious prosecution by the defendants after the case was dismissed due to a lack of evidence.
Issue:
What are the elements needed to bring a cause of action for malicious prosecution?
Rule:
To prevail in a suit for malicious prosecution a plaintiff must demonstrate a criminal prosecution instituted or continued by a defendant, termination of the criminal proceedings in favor of the accused, proof the criminal proceeding was brought without probable cause, malicious intent when the proceeding was instituted or continued and damages suffered by the accused.
