Del. P.J.I. Civ. § 22.11

DAMAGES –-- MALICIOUS PROSECUTION

If you find that [plaintiff’s name] has proven that [defendant’s name] is liable

for malicious prosecution, then you should consider the amount of damages

[plaintiff’s name] is entitled to recover. In making an award, you may consider the

following factors:

(1) the harm to [plaintiff’s name]’s reputation resulting from the

accusation brought against [him/her]; and

(2) the emotional distress resulting from the proceedings.

{If the plaintiff has pleaded special damages, the following factors may also be

considered}:

(3) the harm caused by any arrest or imprisonment suffered by [plaintiff’s

name] during the prosecution;

(4) the expense that [he/she] has reasonably incurred in defending

[himself/herself] against the accusation; and

(5) any specific monetary loss caused by the proceedings.

You may presume that [plaintiff’s name] suffered injury to [his/her] reputation

as well as emotional distress, mental anguish, and humiliation that would normally

result from [defendant’s name]’s conduct. This means you need not have proof that

[plaintiff’s name] suffered any particular injury to [his/her] reputation or that

[plaintiff’s name] in fact suffered emotional distress, mental anguish, and

humiliation in order to award [him/her] damages.

In determining the amount of an award, you also may consider the character of

[plaintiff’s name] and [his/her] general standing and reputation in the community;

the publicity surrounding [defendant’s name]’s act; and the probable effect that

[defendant’s name]’s conduct had on [plaintiff’s name]’s trade, business, or

profession and the harm sustained as a result.

{If applicable}: If [defendant’s name] made a public retraction of [state claim]

or an apology to those who learned of the [state claim], that fact, together with the

timeliness and adequacy of the retraction or apology, is important in determining the

probable harm to [plaintiff’s name]’s reputation.