Civil Procedure – Abuse of Process

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­­­Civil

7^th Circuit Court of Appeals

Officials: RIPPLE, KANNE, and SYKES, Circuit Judges

Civil Procedure – Abuse of Process

No. 14-1940 Jeanne Pace v. Timmermann’s Ranch and Saddle

Where district court erred in dismissing appellant’s claim for abuse of process, among others,  where appellant was indeed arrested.

“Under Illinois law, “[t]he only elements necessary to plead a cause of action for abuse of process are: (1) the existence of an ulterior purpose or motive and (2) some act in the use of legal process not proper in the regular prosecution of the proceedings.” Kumar v. Bornstein, 820 N.E.2d 1167, 1173 (Ill. App. Ct. 2004) (emphasis in original). Although neither an indictment nor an arrest is a necessary element to bring an abuse of process claim under Illinois law, a plaintiff is required to plead some improper use of legal process. See id. To satisfy this requirement, a plaintiff must plead facts that “show that the process was used to accomplish some result that is beyond the purview of the process.” Id. In most circumstances, this requirement is met through an arrest or physical seizure of property. See id. (noting that “the relevant case law generally views an actual arrest or seizure of property as a sufficient fact to state a claim of abuse of process” (emphasis in original)).”

Affirmed in part, Reversed and Remanded in Part.

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