IA SF2157

Creates a new civil cause of action allowing individuals to sue private parties for malicious prosecution when that party initiated or caused to be initiated a civil lawsuit against them

Requires plaintiffs to prove four elements: the underlying case was decided or dismissed in their favor, the defendant lacked probable cause, the defendant acted with malice, and the plaintiff suffered actual damages

Defines "malice" as initiating a civil action for a primary purpose other than securing proper adjudication of the claim

Defines "probable cause" as the existence of reasonably known facts and law that would lead a reasonable person to believe the civil action was legally and factually justified when initiated

Eliminates the traditional requirement to prove special injury such as arrest, seizure of property, restraint on liberty, or issuance of an injunction—ordinary burdens of defending a lawsuit are sufficient