A claim for malicious prosecution of a civil claim (lawsuit) is a lawsuit filed by a person or entity who was previously wrongfully sued in a civil lawsuit. The elements of a claim for malicious prosecution vary from state to state, but the plaintiff generally must prove: (1) the institution or continuation of civil proceedings (a lawsuit) against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff's favor; and (6) special damages.

A claim for malicious prosecution of a criminal prosecution or case is similarly a tort claim or cause of action that requires the plaintiff to prove: (1) the initiation or continuation of a criminal prosecution; (2) lack of probable cause for the criminal prosecution; (3) the criminal prosecution was motivated by malice; and (4) the criminal prosecution was terminated by dismissal of the case or charges or a finding of not guilty by the jury or judge.

In Michigan, a claim for malicious prosecution of a civil claim requires the plaintiff to establish specific elements to succeed. These elements include: (1) the initiation or continuation of a civil lawsuit against the plaintiff; (2) the action was taken at the insistence of the defendant; (3) the defendant acted with malice in commencing the lawsuit; (4) there was a lack of probable cause for the lawsuit; (5) the lawsuit ended in favor of the plaintiff; and (6) the plaintiff suffered special damages as a result. For a claim of malicious prosecution of a criminal case, the plaintiff must prove: (1) the initiation or continuation of a criminal prosecution against them; (2) the absence of probable cause for the prosecution; (3) malice as the motivation behind the prosecution; and (4) a favorable termination of the prosecution, such as a dismissal or acquittal. It is important for plaintiffs to consult with an attorney to understand the nuances of these claims and to ensure that all procedural and substantive requirements are met under Michigan law.