Senate File 2157 - Introduced SENATE FILE 2157 BY DICKEY A BILL FOR An Act relating to malicious prosecution arising from civil 1 actions between private parties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5621XS (3) 91 lh/jh

S.F. 2157 Section 1. NEW SECTION . 611.24 Malicious prosecution —— 1 civil actions between private parties. 2 1. As used in this section: 3 a. “Malice” means the initiation of a civil action for a 4 primary purpose other than securing a proper adjudication of 5 the claim. 6 b. “Probable cause” means the existence of reasonably known 7 facts and law that would lead a reasonable person to believe, 8 in good faith, that the civil action was legally and factually 9 justified at the time the civil action was initiated. 10 2. A person may bring a civil action for malicious 11 prosecution against a private party who initiated or caused to 12 be initiated a civil action against the person. 13 3. To prevail in an action brought under this section, the 14 plaintiff must prove all of the following: 15 a. The underlying civil action was brought by the defendant 16 and was decided or dismissed in the plaintiff’s favor. 17 b. The defendant lacked probable cause to bring the 18 underlying civil action. 19 c. The defendant acted with malice. 20 d. The plaintiff suffered actual damages proximately caused 21 by the malicious prosecution. 22 4. A plaintiff is not required to plead or prove arrest, 23 seizure of property, restraint on liberty, issuance of 24 injunction, or any other heightened or special injury beyond 25 the ordinary burdens or consequences of defending a civil 26 action. 27 5. This section applies only to malicious prosecution 28 actions between private parties. This section shall not be 29 construed to alter, expand, or limit any doctrine governing 30 standing to challenge governmental or public wrongs. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to malicious prosecution arising from 35 -1- LSB 5621XS (3) 91 lh/jh 1/ 2

S.F. 2157 civil actions between private parties. 1 The bill defines “malice” as the initiation of a civil action 2 for a primary purpose other than securing a proper adjudication 3 of the claim, and “probable cause” as the existence of 4 reasonably known facts and law that would lead a reasonable 5 person to believe, in good faith, that the civil action was 6 legally and factually justified at the time the civil action 7 was initiated. 8 The bill authorizes a person a bring a civil action for 9 malicious prosecution against a private party who initiated or 10 caused to be initiated a civil action against the person. To 11 prevail, the plaintiff must prove that the underlying action 12 was brought by the defendant and decided or dismissed in the 13 plaintiff’s favor, that the defendant lacked probable cause 14 to bring the action, that the defendant acted with malice, 15 and that the plaintiff suffered actual damages as a proximate 16 result of the malicious prosecution. 17 The bill specifies that a plaintiff is not required to plead 18 or prove arrest, seizure of property, restraint on liberty, 19 issuance of an injunction, or any other heightened or special 20 injury beyond the ordinary burdens associated with defending a 21 civil action. 22 The bill applies only to malicious prosecution actions 23 between private parties and does not alter any doctrine 24 governing standing to challenge governmental or public wrongs. 25 -2- LSB 5621XS (3) 91 lh/jh 2/ 2