They contend for separate triggering dates for a claim of malicious prosecution based on instigating a lawsuit and a claim of malicious prosecution based on continuing a lawsuit. For support for this proposition, they rely on King v. Ryals, 981 S.W.2d 151, 154 (Mo.App. 1998). The King court held that a claim of malicious prosecution could be based on the malicious continuation of a prosecution.

Malicious continuation of a prosecution is when a defendant continues prosecution even though “reasonable grounds existing at the time of instigation are destroyed by subsequently discovered facts.” Hampton v. Carter Enters., Inc., 238 S.W.3d 170, 176 (Mo.Ct.App. 2007) (quoting King v. Ryals, 981 S.W.2d 151, 154 (Mo.Ct.App. 1998)). However, whether Defendants assert a claim for malicious prosecution or malicious continuation of a prosecution, they must still show a prior case terminated in their favor.

Moran also alleged a malicious prosecution claim, which arises under Missouri law upon a showing that a defendant initiated or continued a prosecution without probable cause. King v. Ryals, 981 S.W.2d 151, 154 (Mo.Ct.App. 1998).

Moran also alleged a malicious prosecution claim, which arises under Missouri law upon a showing that a defendant initiated or continued a prosecution without probable cause. King v. Ryals, 981 S.W.2d 151, 154 (Mo.Ct.App. 1998). The district court acted correctly only if, viewed in a light most favorable to Moran, the evidence he introduced failed to create any legally sufficient evidentiary basis for a reasonable jury to find for him on any of his claims.

To state a claim for malicious prosecution in Missouri, a plaintiff must show the defendant, with malice, instigated or continued an earlier lawsuit against the plaintiff without probable cause for the filing of the lawsuit, the lawsuit ended in the plaintiff's favor, and damage to the plaintiff resulted. State ex rel. O'Basuyi v. Vincent, 434 S.W.3d 517, 519 (Mo. 2014); King v. Ryals, 981 S.W.2d 151, 154 (Mo. Ct. App. 1998) ("Among the elements of a cause of action of malicious prosecution is that the defendant initiated (or continued) the prosecution without probable cause."). "For purposes of malicious prosecution, an underlying action is deemed terminated when: (1) a final judgment is entered on the merits; (2) the action is dismissed by the court with prejudice; or (3) the action is abandoned."

To establish a malicious prosecution claim, a plaintiff must show the defendant, with malice, instigated or continued an earlier lawsuit against the plaintiff without probable cause for the filing of the lawsuit, the lawsuit ended in the plaintiff's favor, and damage to the plaintiff resulted. State ex rel. O'Basuyi v. Vincent, 434 S.W.3d 517, 519 (Mo. 2014); King v. Ryals, 981 S.W.2d 151, 154 (Mo. Ct. App. 1998) ("Among the elements of a cause of action of malicious prosecution is that the defendant initiated (or continued) the prosecution without probable cause.").

Ordinarily, the finding of probable cause by a grand jury creates a per se legal justification for an arrest and prosecution. Zike, 646 F.3d at 512 (citing Fisher v. Wal-Mart Stores, Inc., 619 F.3d 811, 820 (8th Cir. 2010)); King v. Ryals, 981 S.W.2d 151, 154 (Mo. Ct. App. 1998). That said, "Missouri courts have consistently held that a grand jury indictment amounts to a prima facie showing that probable cause existed for the prosecution and that this presumption is conclusive unless rebutted by evidence that false testimony was the basis of the charge and that the falsity was discoverable upon reasonable investigation."

Ordinarily, the finding of probable cause by a grand jury creates a per se legal justification for an arrest and prosecution. Zike, 646 F.3d at 512 (citing Fisher v. Wal-Mart Stores, Inc., 619 F.3d 811, 820 (8th Cir. 2010)); King v. Ryals, 981 S.W.2d 151, 154 (Mo. Ct. App. 1998). There is no dispute that a grand jury returned an indictment against Plaintiff, but he argues that the grand jury's probable-cause determination was invalid because it was premised on Defendants' incomplete investigation, fabrication of inculpatory evidence, and suppression of exculpatory evidence.

Under Missouri law, a malicious prosecution claim arises upon a showing that a defendant initiated or continued a prosecution without probable cause. King v. Ryals, 981 S.W.2d 151, 154 (Mo.Ct.App.1998). Here, the question turns on whether Plaintiff Pitts was prosecuted based on a probable cause affidavit that lacked probable cause.

It is true that Missouri cases have recognized that either initiation or continuation of a lawsuit can “trigger” a malicious prosecution claim. See King v. Ryals, 981 S.W.2d 151, 154 (Mo.App. E.D.1998) (holding that a claim of malicious prosecution can be founded on continued malicious pursuit of a legal action); see also Hampton v. Carter Enters., Inc., 238 S.W.3d 170, 176 (Mo.App. W.D.2007) (noting that King “held that a claim of malicious prosecution could be based on the malicious continuation of a prosecution”). However, the Judgment recognized this fact, as it held that Watson failed to allege that “[Palisades] instigated or continued a judicial proceeding against [Watson] that terminated in favor of [Watson].”