In a malicious prosecution action against multiple defendants, the pleadings must specifically identify for each defendant: (a) the conduct constituting an active role in the prosecution; (b) the material considered by that defendant at the relevant time; and (c) what about that material was objectively insufficient to support a conclusion that there was a proper case for prosecution. Malice and absence of reasonable and probable cause are distinct elements that must be separately pleaded — a plea that conflates the two is embarrassing. Two questions remain open: whether the existence of substantial undisclosed material can itself found a plea of absence of reasonable and probable cause, and whether a malice plea must positively identify the improper purpose or may simply plead the negative proposition.
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