Richard A. The plaintiff appeals the district court rulings which: 1 granted the defendants' motion for summary judgment on the claims of malicious prosecution, abuse of process, and intentional infliction of emotional distress, and 2 dismissed the claim of alienation of affection and interference with family relationships. Our scope of review is for the correction of errors at law.
Iowa R. We affirm. The plaintiff, Warren Reed, is the father of Rachel Reed. Warren is divorced from Rachel's mother, Linda Reed. In Linda feared that Rachel may have been sexually abused because Rachel had nightmares of Warren forcing her to participate in oral sex.
Linda was directed to the defendant, Carol Currans, a sexual abuse investigator with the Linn County sheriff's department. Throughout Currans' investigation, no one, other than Warren, was identified as an individual that might have been responsible for the sexual abuse. Deputy Currans' involvement with the case ended at that point. Lieutenant Blome took the investigation information to the county attorney's office.
That office decided there was insufficient evidence to file a criminal charge, but did file a child in need of assistance CHINA action for Rachel, alleging she had been the victim of sexual abuse. Warren filed this action on behalf of himself and Rachel, asserting claims of malicious prosecution, abuse of process, interference with family relationships and alienation of affection, and intentional infliction of emotional distress.
The district court dismissed for failure to state a claim, the allegation of interference with family relationships and alienation of affection. This appeal followed. Warren contends he did establish a claim of malicious prosecution concerning the CHINA action and therefore the district court erred in granting the defendants' motion for summary judgment. A party may move for summary judgment by showing that the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, present no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
