• 2006 - Probable Cause Defense (Malicious Prosecution)
  • C-13.10
    • Malicious Prosecution
    • Tort Liability
  • In order to meet the element of “institution of a proceeding,” [Plaintiff] must prove that [Defendant] took an active part in instigating or encouraging the proceedings, such as by advising or assisting the beginning of the proceedings, or took an active part in directing or aiding the conduct of the proceedings. It is not enough that [Defendant] merely states to the authorities what [he] [she] believes to be true and leaves the decision to prosecute entirely to the uncontrolled discretion of [another].
    • 12.1-08-02(2)
    • Larson v. Baer, 418 NW2d 282, 287 (ND 1988)
    • State v. Barth, 2001 ND 201, 637 NW2d 369
    • State v. Barth, 2005 ND 134, 702 NW2d 1
  • Notes: