Legal Definitions - malicious use of process

Malicious use of process refers to a legal claim made when an individual or entity improperly initiates or continues a legal proceeding (either civil or criminal) against another person without a reasonable basis in fact or law (known as "probable cause") and with an ulterior, harmful motive (malice). For a claim of malicious use of process to succeed, the original proceeding must have ultimately terminated in favor of the person who was wrongly sued or prosecuted, and that person must have suffered damages as a result.

Key elements typically required for a claim of malicious use of process include:

• The initiation or continuation of a legal proceeding (e.g., a lawsuit, an arrest, or a specific legal action within a case).
• The absence of probable cause for that proceeding or action.
• Malicious intent on the part of the person initiating or continuing the process (e.g., to harass, intimidate, or achieve an improper objective unrelated to the legitimate aims of the legal system).
• The favorable termination of the original proceeding for the person claiming malicious use of process.
• Actual damages suffered by the person claiming malicious use of process due to the wrongful action.

Here are some examples illustrating malicious use of process:

• Example 1: Baseless Business Lawsuit

  A large corporation, seeking to eliminate a smaller, innovative competitor, files a multi-million dollar lawsuit alleging patent infringement. The corporation knows its claims are weak and unlikely to succeed, but its true intention is to drain the competitor's financial resources through legal fees and damage its reputation, forcing it out of business. After a lengthy legal battle, the court rules entirely in favor of the smaller competitor, finding no evidence of patent infringement. The competitor then sues the large corporation for malicious use of process, seeking compensation for its legal costs, lost business opportunities, and reputational harm.

  This illustrates malicious use of process because the large corporation initiated a lawsuit without probable cause (knowing its claims were weak) and with a malicious intent (to destroy the competitor, not genuinely enforce a patent). The original lawsuit terminated favorably for the competitor, and the competitor suffered damages.

• Example 2: False Criminal Report

  A disgruntled neighbor, angry over a property line dispute, falsely reports to the police that their neighbor has stolen valuable items from their garage, providing fabricated evidence. The police, acting on this report, arrest the innocent neighbor. During the investigation, it becomes clear that the accusation was entirely false and made with the intent to harass and cause distress. All charges against the innocent neighbor are subsequently dropped. The innocent neighbor then files a lawsuit against the disgruntled neighbor for malicious use of process, seeking damages for wrongful arrest, legal fees, and emotional distress.

  This demonstrates malicious use of process because the disgruntled neighbor initiated a criminal proceeding (a police report leading to arrest) without probable cause (knowing the accusation was false) and with malicious intent (to harass). The criminal charges were terminated favorably for the innocent neighbor, who suffered damages from the arrest and legal process.

• Example 3: Abusive Eviction Proceedings

  A landlord wants to evict a tenant to renovate the apartment and charge higher rent, but the tenant has a valid, long-term lease. Instead of waiting for the lease to expire, the landlord repeatedly files baseless eviction notices and initiates court proceedings, falsely claiming the tenant violated obscure clauses in the lease or failed to pay rent on time, even though all payments were made. Each time, the court dismisses the landlord's claims, finding them without merit. The tenant incurs significant legal fees and suffers severe emotional distress and disruption to their life due to the constant threat of eviction. After the final dismissal, the tenant sues the landlord for malicious use of process.

  This is an example of malicious use of process because the landlord repeatedly initiated legal proceedings (eviction actions) without probable cause (knowing the claims were false or baseless) and with a malicious intent (to force the tenant out prematurely). Each of these proceedings terminated favorably for the tenant, who suffered damages in the form of legal fees and emotional distress.