Legal Question in Civil Litigation in North Carolina

Criminal charges dismissed by D.A, Do I have a civil action accusing parties?

D.A dismisses charges in court after opposing party contradicts himself on stand verses information in warrant. I was accussed of communicating threats on 4/28/03 to two people, never met one of the parties, and other I hadn't seen in years. I was fully accounted for on the day in question and the events never took place. Case was VD by DA. Do I have an action against these people in civil court to recover court costs, attorney fees, car towing fees,locksmith fees and cab fees. Also, employer suspended me from being arrested and ultimately was let go several weeks later as they couldn't understand why I was arrested. The two individuals were 1. President of homeowners association where I lived-never met 2. Manager of the property for the management company. I was also wrongly fined by the homeowners association--all lies and I can prove the same-do I have recourse under their 1mm Directors & Officers liability insurance. Please advise.


Asked on 2/20/04, 5:30 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Criminal charges dismissed by D.A, Do I have a civil action accusing parties

We really need more facts to thoroughly address this inquiry. It sounds, however, as if your potential claims would be for malicious prosecution and/or abuse of process. Regarding malicious prosecution, a Plaintiff must establish four elements to support a malicious prosecution claim: (1) defendant initiated the earlier proceeding; (2) malice on the part of defendant in doing so; (3) lack of probable cause for the initiation of the earlier proceeding; and (4) termination of the earlier proceeding in favor of the plaintiff. A plaintiff in a malicious prosecution case has shown a favorable termination of a criminal proceeding when he shows that the prosecutor voluntarily dismissed the charges against him. The MP claim would therefore seem to depend primarily on the basis for the charges against you, and the existence of "probable cause" and "malice." There are not enough facts in your question to determine these elements. Even though you have good exculpatory evidence, it is conceivable that the accusers in good faith believed you made a threat.

Regarding abuse of process, abuse of process is the misuse of legal process for an ulterior purpose. It consists in the malicious misuse or misapplication of that process after issuance to accomplish some purpose not warranted or commanded by the writ.

Again, the merit to an AP claim is not clear unless we know the intent of the accusers.

If you were to prevail, your damages would be as follows: Damages for malicious prosecution include loss of business, injury to reputation, mental suffering, and expenses reasonably necessary in defending the charge against plaintiff, together with any other loss proximately resulting from defendant's malicious prosecution, and, if actual malice is established, the jury may also allow punitive damages.

As for the D&O policy, you would first have to sue the accusers. It is not clear whether there would be coverage, but my guess is the D&O carrier would at least defend the action.

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Answered on 2/20/04, 7:58 pm


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