Relating to malicious prosecution arising from civil actions between private parties

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.