Read the full stored bill text
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
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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
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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
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2