This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Malicious Prosecution-Termination. For more information on malicious prosecution see the pages on Wikipedia.
Malicious Prosecution-Termination
2006 Baker v. Elmendorf, 271 Va. 474, 628 S.E.2d 358.
In this malicious prosecution action, trial court improperly admitted evidence of the conviction in the General District Court when that conviction was appealed to the Circuit Court. The appeal to the Circuit Court negates any judgment entered by the General District Court.
1976 Niese v. Klos, 216 Va. 701, 222 S.E.2d 798.
Entry of nolle prosequi in criminal prosecution is termination in manner not unfavorable to plaintiff.
1974 Cuthrell v. Zayre, 214 Va. 427, 201 S.E.2d 779.
Plaintiff arrested for petit larceny. She resisted and was also charged with disorderly conduct. Petit larceny charge was dismissed but found guilty of disorderly conduct. She had right to sue for malicious prosecution as to petit larceny only.
1952 Home v. Bridwell, 193 Va. 381, 68 S.E.2d 535.
Guilty finding bars action.
1946 Orndorff v. Bond, 185 Va. 497, 39 S.E.2d 352.
Malicious prosecution–termination. Where misdemeanor charge has been settled through compromise, then there are no grounds for malicious prosecution
