2014 IL App (2d) 130636
Ill. App. Ct.2014Background
- Szczesniak was tried for knowingly passing checks with insufficient funds and acquitted at bench trial.
- Szczesniak later sued CJC Auto Parts and its owner Verzal for malicious prosecution.
- Verzal owned CJC and interacted with Szczesniak during 2003–2008 business dealings.
- Two postdated checks in July 2008 ($330.84, $717.01) and a third check in November 2008 ($100) were dishonored.
- Plaintiff owed $1,147.85 on returned checks and had a separate credit account with defendants; payments stopped.
- Police conducted a six-month independent investigation leading to a 2011 criminal charge and prosecution signed by Officer Thiede; Szczesniak was convicted only to be acquitted via directed finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants commenced or continued the original proceeding | Szczesniak argues Verzal/manipulation commenced the proceeding | Defendants did not commence; officer Thiede did | No; proceeding commenced by Thiede, not defendants |
| Whether there was absence of probable cause | No probable cause by defendants (or officers) | Probable cause existed due to independent investigations | Probable cause lacking only if officer lacked; here supported by officer Thiede’s independence |
| Whether malice was shown | Verzal acted with improper motive to collect debt | No malice; actions tied to debt collection and potential restitution | Malice not shown; because the prosecution was not commenced by defendants and lack of malice shown by officers, summary judgment affirmed |
Key Cases Cited
- Randall v. Lemke, 311 Ill. App. 3d 848 (2000) (private informer not liable unless independently developed info; not commenced by informant)
- Denton v. Allstate Ins. Co., 152 Ill. App. 3d 578 (1986) (malice inferred only with lack of probable cause; continuation elements)
- Gauger v. Hendle, 2011 IL App (2d) 100316 (2011) (malice may be inferred from lack of probable cause)
- Fabiano v. City of Palos Hills, 336 Ill. App. 3d 635 (2002) (probable cause standard; mixed question of law and fact)
- Sang Ken Kim v. City of Chicago, 368 Ill. App. 3d 648 (2006) (state of mind of initiator; probable cause focus)
- Pratt v. Kilborn Motors, Inc., 48 Ill. App. 3d 932 (1977) (informant withholding information may negate prosecutorial discretion)
- Hall v. Naper Gold Hospitality LLC, 2012 IL App (2d) 111151 (2012) (Rule 341 compliance; appellate review of facts)