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Thread: Jack Thompson Seeks to Have Halo 3 Declared a Public Nuisance.

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    Pac-Man (Level 10) FantasiaWHT's Avatar
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    I find it fascinating that you are quoting the federal law of restraining harassment of victims and witnesses in support of your argument.

    What you need, rather, to get Thompson is the common law tort of malicious prosecution, or malicious use of process. The ALI's Restatement (Second of Torts) labels it "Wrongful Use of Civil Proceedings" and defines it as:

    One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if

    (a) he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and

    (b) except when they are ex parte, the proceedings have terminated in favor of the person against whom they are brought.
    Last edited by FantasiaWHT; 09-22-2007 at 02:25 PM.

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