King v. Graham

In Browning-Ferris Industries, Inc. v. Lieck, we held that a person cannot be liable for malicious prosecution if “the decision whether to prosecute is left to the discretion of another, including a law enforcement official or the grand jury, unless the person provides information which he knows is false.” 1 Thus, proof that a complainant has knowingly furnished false information is necessary for liability when the decision to prosecute is within another’s discretion. But such proof is not sufficient. Lieck also requires proof that the false information “cause[d] a criminal prosecution.” 2 In…