Elaine arrives home one night to find that her home has been burglarized. She calls the police. When questioned by the police, she say she does not know who did it, but that her uncle Bob recently threatened to harm her. The police conduct an investigation of Bob. He is indicted for burglary. At his trial, Elaine testifies that he once threatened her. The jury is deadlocked, and a mistrial is declared. The district attorney (D. A.) is unsure whether to re-prosecute him. By this time, Elaine is convinced Bob is guilty of the burglary. She urges the D. A. to retry Bob for the burglary. She constantly calls the D. A. Once she carries a sign outside the D. A.'s office urging prosecution. The D. A.'s decision, however, is to drop the charges. After the case is dismissed, Bob sues Elaine for malicious prosecution. What result?

JURISDICTION: NORTH CAROLINA, UNITED STATES

CLASS: CIVIL INJURIES