Is it possible to sue a private individual (citizen) in supreme court for malicious prosecution? Or is it only possible to file malicious prosecuti

Hi, thanks for writing. Unfortunately, witnesses have absolute immunity from suit while testifying for an ADA. Therefore, malicious prosecution would have to be brought against the municipality. However, that too is very tricky. DAs too have absolute immunity unless they are investigation or acting with malice above and beyond their duties as an ada. This is very difficult to prove. Audio recordings of conversations are usually inadmissible hearsay in court, so they are of little consequence to your case.  It would seem to me, based on the limited knowledge of your case, that your best bet would be to sue the individuals for false arrest. There is no tort of perjury. It is a crime however, to lie under oath, so its possible that you can schedule a visit with an ADA and see if they are willing to take on the case and issue a warrant.  That being said, be cautious of suing people with limited assets. It will consume your life, and ultimately won't get you the justice you thought it would. If they were smart, they wouldn't even show up. And you'll now have a default judgment against someone with no assets. Of course all of this will cost you money in fees that you'll never see again.  I hope this helped and should you have any more questions and would like to speak with us please feel free to contact my firm. 718-775-3246 Evan H. Nass, Esq.