Whittaker v. Duke

OPINION

SAND, District Judge.

Defendant has moved for summary judgment in this action for malicious prosecution, asserting that as a matter of New Jersey law, which controls here, plaintiff cannot establish the four elements necessary for such a cause of action. We conclude that as to one of the four elements, there exist no issues of material fact and plaintiff cannot prevail as a matter of law. The motion, therefore, is granted.

The elements of a malicious prosecution are as follows:(1) A criminal proceeding instituted or continued by the defendant against the plaintiff;(2) Termination of the…