Denton v. Allstate Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that lack of probable cause must be “clearly proved” in order to infer the element of malice
• “the attribution of police action to a defendant requires ... that defendant knowingly gave false information to the police”
• “a defendant either must have initiated a criminal proceeding or his participation in it must have been of so active and positive a character as to amount to advice and cooperation.”
• liability for malicious prosecution cannot be predicated on the failure to act
• liability for malicious prosecution cannot be predicated on the failure to act
• “Illinois law provides that, in order to be liable for malicious prosecution, a defendant either must have initiated a criminal proceeding or his participation in it must have been of so active and positive a character as to amount to advice and cooperation.”

Source: CourtListener parenthetical corpus (CC0).