Donovan v. Barnes

548 P.2d 980, 274 Or. 701, 1976 Ore. LEXIS 921
CourtOregon Supreme Court
DecidedApril 22, 1976
StatusPublished
Cited by16 cases

This text of 548 P.2d 980 (Donovan v. Barnes) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donovan v. Barnes, 548 P.2d 980, 274 Or. 701, 1976 Ore. LEXIS 921 (Or. 1976).

Opinions

[703]*703HOWELL, J.

This is an action for malicious prosecution arising out of a disciplinary proceeding at the University of Oregon which was instigated by the defendant against the plaintiff. The trial court sustained a demurrer to plaintiff’s complaint, and plaintiff appeals.

Plaintiff’s complaint alleges that the defendant wrongfully filed an official charge sheet with the University of Oregon Student Court accusing plaintiff of several violations of the Code of Student Conduct. The violations charged were (a) obstruction of university functions, (b) malicious destruction of university property and (c) disorderly conduct. The complaint alleges that these charges were made maliciously and without probable cause and that defendant was aware that the charges were false. The complaint further alleges that, at the trial held on these charges before the Student Court, plaintiff faced the possible sanction of expulsion from the university. However, at the trial, the prosecutor moved for a judgment of acquittal, and a judgment for plaintiff was entered on that basis. Finally, the complaint alleges that, as a result of defendant’s instigation of these proceedings, plaintiff suffered humiliation, anguish, mental distress and damage to his reputation and was forced to drop a class in order to prepare his defense. Plaintiff sought judgment for compensatory and punitive damages.

The only issue on appeal is whether plaintiff’s allegations are sufficient to state a cause of action against the defendant for malicious prosecution.

Plaintiff contends that student disciplinary proceedings at the University of Oregon should be considered to be quasi-criminal in nature and, therefore, not subject to the "special injury” requirement that normally attaches in actions for malicious prosecution based on civil proceedings.1 Defendant argues that, for [704]*704reasons of public policy, actions for malicious prosecution should not be allowed in connection with student disciplinary proceedings, and that, if such actions are to be permitted, the "special injury” restriction should be held applicable.

We do not agree with defendant’s contention that malicious prosecution actions should never be allowed to be based upon the malicious prosecution of a student disciplinary proceeding. In the absence of any official duty to instigate or prosecute such an action, there would appear to be no basis for the application of an absolute privilege. Moreover, we doubt that the public interest in disciplining university students merits greater protection than the public’s interest in bringing criminals to justice. Since there is no absolute privilege to initiate criminal proceedings, we would be hard pressed to justify a special rule extending an absolute privilege to instigate disciplinary proceedings.

Similarly, we find no basis for applying any different standards to this action merely because it is based on an adjudicatory proceeding before an administrative body rather than a proceeding before a judicial tribunal. 2 We see no reason to apply a different set of [705]*705rules to actions for malicious prosecution based on administrative proceedings of an adjudicatory nature than those which are applied to similar actions based on judicial proceedings. Since the adjudicatory function performed is essentially the same, we believe that the same criteria should be applied to the actions of both types of bodies. As was stated by one of the earlier courts to consider this question:

"* * * Much of the jurisdiction formerly residing in the courts has been transferred to administrative tribunals, and much new jurisdiction involving private rights and penal consequences has been vested in them. In a broad sense their creation involves the emergence of a new system of courts, not less significant than the evolution of chancery. The same harmful consequences may flow from the groundless and malicious institution of proceedings in them as does from judicial proceedings similarly begun. When one’s livelihood depends upon a public license, it makes little difference to him whether it is taken away by a court or by an administrative body or official. Nor should his right to redress the injury depend upon the technical form of the proceeding by which it is inflicted. The administrative process is also a legal process, and its abuse in the same way with the same injury should receive the same penalty.
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"In our judgment no other conclusion would be tenable. When private as well as public rights more and more are coming to be determined by administrative proceedings, it would be anomalous to have one rule for them and another for the courts in respect to redress for abuse of their powers and processes.” Melvin v. Pence, 130 F2d 423, 426-27 (DC Cir 1942).

See also Hardy v. Vial, 48 Cal 2d 577, 311 P2d 494 (1957); Kauffman v. A. H. Robbins Co., 223 Tenn 515, 448 SW2d 400 (1969); Annot., 143 ALR 157 (1943); Restatement of Torts § 680 (1938).

We conclude that an action for malicious prosecution may be based upon the initiation or instigation of an administrative proceeding of a judicial nature and that the rules and standards that govern actions based [706]*706upon civil proceedings should also apply to actions based upon administrative proceedings.3

The most recent pronouncement of the rule applied to actions for the malicious prosecution of civil proceedings in Oregon is found in Buck v. Gale, 271 Or 90, 530 P2d 1248 (1975), which quotes the following language from an earlier case, Balsiger v. American Steel, 254 Or 204, 206, 451 P2d 868, 458 P2d 932, 40 ALR3d 289 (1969):

" 'The general rule, followed in most states, is that a civil action although commenced with malice and without probable cause, does not give rise to a cause of action for malicious prosecution unless there has been arrest of the person, seizure of property, or other special injury to the defendant in that action which would not ordinarily result in all similar causes seeking recovery of damages. Carnation Lbr. Co. v. McKenney et al, 224 Or 541, 356 P2d 932 (1960); Mitchell v. Silver Lake Lodge, 29 Or 294, 45 P 798 (1896). * * *’ ” 271 Or at 92-93.

An exception to the requirement that some "special injury” be pleaded and proved has been made in a limited number of situations thought to involve an "inherent” interference with person or property. In [707]*707Oregon, this exception has been recognized in insanity proceedings, Hill v. Carlstrom, 216 Or 300, 338 P2d 645 (1959); in involuntary bankruptcy proceedings, Balsiger v. American Steel, supra; and in attachment cases, Alvarez v. Retail Credit Ass’n., 234 Or 255, 381 P2d 499 (1963). Other jurisdictions have recognized this exception in other similar situations. See, e.g., Lueptow v. Schraeder, 226 Wis 437, 277 NW 124 (1938) (juvenile delinquency); Chappelle v. Gross, 26 App Div 2d 340, 274 NYS2d 555 (1966) (lis pendens filed). See also, Prosser, Law of Torts 851-52, § 120 (4th ed 1971).

Plaintiff would have us recognize this exception in cases involving student disciplinary proceedings before the University of Oregon Student Court.

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Donovan v. Barnes
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Bluebook (online)
548 P.2d 980, 274 Or. 701, 1976 Ore. LEXIS 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donovan-v-barnes-or-1976.