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Dismissal of Malicious Prosecution Claim Upheld

Christoph (17845) writes | more than 3 years ago

The Courts 1

Christoph (17845) writes "I'm the Slashdot user who was sued for defamation (and six other claims) by a corporation over negative statements on my website. I prevailed (pro-se) in 2008. The court found the other side forged evidence and lied. In 2009, I sued the other party's lawyers for malicious prosecution/abuse of process (the corporation itself is dissolved/broke). One defendant had stated in writing their client was lying, but the trial court dismissed my claim for lack of evidence. I appealed, and this Tuesday the Minnesota Court of Appeals upheld the dismissal, completely ignoring the defendant's written admission (and other evidence). They further found it was not an abuse of process to sue to "stop the publication of negative information and opinion"."
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Belief (1)

Spazmania (174582) | more than 3 years ago | (#34212262)

Lawyers aren't just allowed to believe their client, they're one or two hairs short of being required to. To be guilty of malicious prosecution, they'd have to have conspired with your particular nemesis to fabricate the case knowing full well there was no case. Except for factual claim #28 against Vladimir Kazaryan, none of your alleged facts, if found to be true, would support a finding of malicious prosecution. And you lose that one because count 5 (aiding and abetting malicious prosecution) only works if you can first prove that there was a malicious prosecution.

I hate to tell you this but the judge got it right: "Appellants complaint did not set forth claims of abuse of process and vicarious liability for which relief could be granted."

You should have tried something like, "[lawyer] came to to possession of unambiguous evidence that the alleged Zubitskiy did not exist on [date], which any reasonable person would conclude invalidated the case. [Lawyer] failed to promptly terminate the case." The lawyer is both entitled and expected to believe his client, at least until the client's claim becomes utterly non-credible.

Sucks to be falsely sued. I know from first-hand experience. But you can't bust the lawyer for doing his job representing the client.

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