The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.
A. M. Witte, Damages for Injury to Feelings in Malicious Prosecution and Abuse of Process, 15 Clev.-Marshall L. Rev. 15 (1966)
Mental Injury Damages Symposium