1.1:520Wrongful Use of Civil Proceedings; Abuse of Process; False Arrest

The Pennsylvania Legislature enacted a wrongful use of civil proceedings statute (Dragonetti Act) which punishes both the client and attorney for bringing a wrongful civil action. 42 Pa. C.S.A. 8351, et seq. The elements of a Dragonetti Act claim are:

1) that the underlying proceedings were terminated in the plaintiff's favor;
2) that the defendant caused the proceedings to be instituted against the plaintiff without "probable cause"; and
3) that the proceedings were instituted for primarily an improper purpose.

Hart v. O'Malley (Super. 1994), aff'd (1996). Under the Dragonetti Act "probable cause" means that:

[the person bringing the claim] reasonably believes in the existence of facts upon which the claim is based, and either:

1) Reasonably believes that under those facts the claim may be valid under the existing or developing law;
2) Believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within his knowledge and information; or
3) Believes as an attorney of record, in good faith that his procurement, initiation or continuation of a civil cause is not intended to merely harass or maliciously injure the opposite party.

42 Pa. C.S.A. 8352.

A plaintiff can recover the following damages in a Dragonetti Act claim:

1) harm from arrest or interference with the use of land or chattels;
2) harm from any defamatory statement alleged as a basis for the proceeding;
3) expense of defending the original action, including attorney's fees;
4) any pecuniary loss resulting from the original proceedings;
5) any emotional distress that is caused by the wrongful proceeding; and
6) punitive damages.