Seales v. Devine
In Seales v. Devine, S. Ct. Civ. No. 2007-0040, (V.I. Mar. 3, 2008) (unpublished), the Court quoted the Restatement (Second) of Torts 653 which dictates that a defendant is subject to liability for malicious prosecution if:
"(a) he initiates or procures the proceedings without probable cause and primarily for a purpose other than that of bringing an offender to justice, and (b) the proceedings have terminated in favor of the accused." Id. (quoting Restatement (Second) of Torts 653 (1977)).
But Seales did not apply Restatement (Second) of Torts 653; rather, it noted that what the plaintiff had labeled as a cause of action for "malicious prosecution" had been a misnomer for the "wrongful initiation of civil proceedings" tort. Id.