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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ladeas v. Carter, 845 S.W.2d 45 (1992)

Citation
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Parent Document
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-12-15

Other Sections in This Document (82)

Full Text

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Restatement (Second) of Torts § 653 (1977), sets forth the liability of a private person who initiates or procures the institution of a criminal proceeding against another when it is done without probable cause and primarily for a purpose other than that of bringing an offender to justice. Comment d., cited by the defendants, concerns the person who procures the institution of criminal proceedings by inducing a third person to initiate them. Simply giving information to the third person does not constitute “procurement of the proceedings ... if it is left to the uncontrolled choice of the third person to bring the proceedings or not as he may see fit.” Id.