The suffering of damages as a result of the action or prosecution complained of. On a motion for summary judgment, plaintiff must merely raise a genuine issue of material fact on each factor. He argues that his conviction was procured through false testimony and without foundation of the law. Having carefully considered the matter, the court is of the opinion that Mr. Tyus has not raised a genuine issue of material fact on the third element. Stated differently, plaintiff should exhaust all available post conviction remedies and secure a termination of such criminal proceeding favorable to him before recovering in an action for malicious prosecution.
Defendant is entitled to summary dismissal of that claim.
Mr. Tyus maintains that defendant secured his arrest in retaliation for filing the original complaint in this case, thus creating a genuine issue of material fact on the first two elements. The court does not agree. Even if the court gives plaintiff the benefit of the first element, i.e., defendant had Mr. Tyus arrested because it wanted him to drop the instant suit, he cannot proceed as a matter of law. Defendant warned Mr. Tyus in writing and verbally through its security officer that he was forbidden to come upon its property. Defendant also advised Mr. Tyus that it would press trespassing charges against him if he ignored the warnings.