A bill for an act relating to malicious prosecution arising from civil actions between private parties.
Summary
SF 2157 creates a new Iowa Code section allowing a person to sue a private party for malicious prosecution based on a prior civil lawsuit. The bill defines key terms such as “malice” and “probable cause,” and requires the plaintiff to show that the earlier civil case was brought by the defendant, ended in the plaintiff’s favor, lacked probable cause, was filed with malice, and caused actual damages.
The bill also lowers the pleading and proof burden by stating that a plaintiff does not need to show arrest, seizure of property, restraint on liberty, injunction, or any other special injury beyond the ordinary burdens of defending a civil case. It is limited to disputes between private parties and expressly says it does not change doctrines involving standing to challenge governmental or public wrongs.
Impact
If enacted, the bill would add a new statutory cause of action in Iowa for malicious prosecution in civil cases between private parties and would codify the elements and definitions governing that claim. It would affect litigants who file civil suits and those who believe they were subjected to baseless or bad-faith litigation, while leaving existing rules for claims involving government action or public wrongs unchanged.
Sentiment
The available voting history suggests the bill had meaningful support but also notable opposition. It received a 10-6 Senate Judiciary report and later passed the Senate 29-14, indicating that a majority favored the measure while a substantial minority remained opposed. The subcommittee recommendation for passage suggests the bill was viewed positively in at least part of the committee process.
Contention
The main point of contention is likely the bill’s expansion of liability for private civil litigants by making it easier to bring malicious prosecution claims after a prior lawsuit ends. Supporters likely see it as a remedy against abusive or bad-faith litigation, while opponents may worry it could chill legitimate civil claims or encourage retaliatory lawsuits. The bill’s removal of any special-injury requirement is especially significant, because it broadens access to these claims and may be viewed as the most consequential change in existing law.
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A bill for an act relating to the Iowa human life protection Act, providing for civil actions and civil penalties, and including effective date provisions.