Dubowy v. Baier

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

I. Introduction

This case involves claims for malicious prosecution of a civil action and for abuse of process brought by plaintiff against defendants Chris Baier and Stephen B. Small. The matter is currently before the court on defendant Small’s motion for summary judgment (Doc. # 45). In his motion, defendant Small seeks summary judgment on the issues of whether probable cause existed for the filing of the quiet title action, whether defendant acted with malice in filing the action, whether plaintiff suffered damages and whether certain…