What is the Statute of Limitations in Pennsylvania for Malicious Prosecution?

Full question:

What is the Statute of Limitations in Pennsylvania for Malicious Prosecution?

  • Category: Civil Actions
  • Subcategory: Limitations
  • Date:
  • State: Pennsylvania

Answer:

Please see the following PA statute:

42 Pa.C.S.A. § 5524. Two year limitation

The following actions and proceedings must be commenced within two
years:

(1) An action for assault, battery, false imprisonment, false arrest,
malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the
death of an individual caused by the wrongful act or neglect or unlawful
violence or negligence of another.

(3) An action for taking, detaining or injuring personal property,
including actions for specific recovery thereof.

(4) An action for waste or trespass of real property.

(5) An action upon a statute for a civil penalty or forfeiture.

(6) An action against any officer of any government unit for the
nonpayment of money or the nondelivery of property collected upon on
execution or otherwise in his possession.

(7) Any other action or proceeding to recover damages for injury to
person or property which is founded on negligent, intentional, or
otherwise tortious conduct or any other action or proceeding sounding in
trespass, including deceit or fraud, except an action or proceeding
subject to another limitation specified in this subchapter.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Pennsylvania, the elements of malicious prosecution include: 1) the initiation of a criminal proceeding against the plaintiff, 2) the termination of that proceeding in favor of the plaintiff, 3) the absence of probable cause for the proceeding, and 4) the presence of malice or a wrongful motive by the defendant. Each of these elements must be proven for a successful claim of malicious prosecution.