I would imagine that would fall under malicious prosecution.
Malicious Prosecution. An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice.. An action for malicious prosecution is the remedy for baseless and malicious litigation.
Unfortunately, the English language being what it is, the defense would argue that the prosecution wasn't commenced, simply continued, thus making the definition of Malicious Prosecution inapplicable
I would imagine that would fall under malicious prosecution.
Unfortunately, the English language being what it is, the defense would argue that the prosecution wasn't commenced, simply continued, thus making the definition of Malicious Prosecution inapplicable