§ 4.24.350 Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracy-- Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution--Damages and costs--Attorneys' fees--Definitions

Codes > Revised Code of Washington > Title 4 > Chapter 4.24 > 4.24.350 Actions

4.24.350. Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracy--
Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious
prosecution--Damages and costs--Attorneys' fees--Definitions

    (1) In any action for damages, whether based on tort or contract or otherwise, a claim or counterclaim for damages may be litigated in the principal action for malicious prosecution on the ground that the action was instituted with knowledge that the same was false, and unfounded, malicious and without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing an action known to be false and unfounded.

    (2) In any action, claim, or counterclaim brought by a judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution arising out of the performance or purported performance of the public duty of such officer, an arrest or seizure of property need not be an element of the claim, nor do special damages need to be proved. A judicial officer, prosecuting authority, or law enforcement officer prevailing in such an action may be allowed an amount up to one thousand dollars as liquidated damages, together with a reasonable attorneys' fee, and other costs of suit. A government entity which has provided legal services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights to any award for reasonable attorneys' fees and other costs, but shall have no such rights to any liquidated damages allowed.

    (3) No action may be brought against an attorney under this section solely because of that attorney's representation of a party in a lawsuit.

    (4) As used in this section:

        (a) “Judicial officer” means a justice, judge, magistrate, or other judicial officer of the state or a city, town, or county.

        (b) “Prosecuting authority” means any officer or employee of the state or a city, town, or county who is authorized by law to initiate a criminal or civil proceeding on behalf of the public.

        (c) “Law enforcement officer” means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, state college, or port district, or a fish and wildlife officer or ex officio fish and wildlife officer as defined in RCW 77.08.010.