MacFawn v. Kresler

How courts have described this case

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

• holding that a dismissal of the information without prejudice for facial insufficiency may not serve as the basis for a malicious prosecution claim
• holding that a dismissal of the information without prejudice for facial insufficiency may not serve as the basis for a malicious prosecution claim
• holding that action could not form the basis of a malicious prosecution claim where criminal information was dismissed as insufficient to support the charges, without prejudice, and the prosecutors did not amend or refile
• holding that plaintiff failed to state claim for malicious prosecution where the court did not reach the merits and the question of plaintiffs guilt or innocence, but instead dismissed case on procedural grounds
• holding that action could not form the basis of a malicious prosecution claim where criminal information was dismissed as insufficient to support the charges, without prejudice, and the prosecutors did not amend or refile
• explaining that a favorable termination happens “when the final disposition of the proceeding involves the merits and indicates the accused’s innocence”

Source: CourtListener parenthetical corpus (CC0).