SF 2157 (LSB 5621XS (3) 91)

SENATE FILE 2157

BY  DICKEY

A BILL FOR

An Act relating to malicious prosecution arising from civil actions between private parties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  611.24  Malicious prosecution —— civil actions between private parties.
   1.  As used in this section:
   a.  “Malice” means the initiation of a civil action for a primary purpose other than securing a proper adjudication of the claim.
   b.  “Probable cause” means the existence of reasonably known facts and law that would lead a reasonable person to believe, in good faith, that the civil action was legally and factually justified at the time the civil action was initiated.
   2.  A person may bring a civil action for malicious prosecution against a private party who initiated or caused to be initiated a civil action against the person.
   3.  To prevail in an action brought under this section, the plaintiff must prove all of the following:
   a.  The underlying civil action was brought by the defendant and was decided or dismissed in the plaintiff’s favor.
   b.  The defendant lacked probable cause to bring the underlying civil action.
   c.  The defendant acted with malice.
   d.  The plaintiff suffered actual damages proximately caused by the malicious prosecution.
   4.  A plaintiff is not required to plead or prove arrest, seizure of property, restraint on liberty, issuance of injunction, or any other heightened or special injury beyond the ordinary burdens or consequences of defending a civil action.
   5.  This section applies only to malicious prosecution actions between private parties. This section shall not be construed to alter, expand, or limit any doctrine governing standing to challenge governmental or public wrongs.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to malicious prosecution arising from civil actions between private parties.
   The bill defines “malice” as the initiation of a civil action for a primary purpose other than securing a proper adjudication of the claim, and “probable cause” as the existence of reasonably known facts and law that would lead a reasonable person to believe, in good faith, that the civil action was legally and factually justified at the time the civil action was initiated.
   The bill authorizes a person a bring a civil action for malicious prosecution against a private party who initiated or caused to be initiated a civil action against the person. To prevail, the plaintiff must prove that the underlying action was brought by the defendant and decided or dismissed in the plaintiff’s favor, that the defendant lacked probable cause to bring the action, that the defendant acted with malice, and that the plaintiff suffered actual damages as a proximate result of the malicious prosecution.
   The bill specifies that a plaintiff is not required to plead or prove arrest, seizure of property, restraint on liberty, issuance of an injunction, or any other heightened or special injury beyond the ordinary burdens associated with defending a civil action.
   The bill applies only to malicious prosecution actions between private parties and does not alter any doctrine governing standing to challenge governmental or public wrongs.