PITTMAN, Judge.
Latonya Myles appeals from a summary judgment entered by the Houston Circuit Court in favor of Screentech, Inc., Terry Collins, and Randall Williams (hereinafter referred to collectively as "the Screentech defendants").
In November 2010, Myles filed a lawsuit asserting claims of abuse of process, malicious prosecution, false imprisonment, and the tort of outrage against Screentech, Inc. Screentech answered Myles's complaint in December 2010. In February 2011, Myles filed an amended complaint naming Collins and Williams as additional defendants and asserting the same claims against them that she had asserted against Screentech. In May 2011, the Screentech defendants filed a motion for a summary judgment, to which Myles responded in opposition. Following a hearing on that motion, the trial court entered a summary judgment as to all claims in favor of the Screentech defendants.
The record reveals the following facts. Screentech is a screen-printing business owned by Collins and Williams. In January 2009, Myles entered into a business relationship with Screentech. At that time, Myles stated, she operated a nonprofit organization called "Milk and Honey Multicultural" and placed an order for 1,000 t-shirts that the organization planned to sell at the presidential inauguration. The order totaled $4,000. Upon placing the order, Myles stated that she would not be able to pay the entire balance owed, but she asked if she could pay a portion of that balance and receive 100 t-shirts to sell at an event before the time she needed all 1,000 t-shirts. The next day, Myles went to Screentech's place of business and paid a $300 deposit and gave Screentech the artwork for the t-shirts. The parties did not enter into a written contract at that time; however, Myles provided a post office box number, a telephone number, and a federal tax-identification number for the organization. Myles also provided a physical address for the organization. Approximately one week later, Myles picked up the first 100 t-shirts she had requested; however, Screentech had gone ahead and issued 300 t-shirts to her, leaving 700 t-shirts left to complete the order. Two days after picking up the 300 t-shirts, Myles picked up 1,000 t-shirts; Myles claimed that she had telephoned Screentech when she realized that she had initially picked up 300 t-shirts, rather than 100 t-shirts, and that Screentech had agreed to give her the 300 t-shirts for free, making her outstanding balance at that point $3,700. On the other hand, Screentech
As of April 1, 2009, the organization had an outstanding balance of $4,056 with Screentech, and, after the account was 90 days overdue, Screentech began attempting to contact Myles and the organization at the telephone number and addresses Myles had previously provided. Neither Myles nor any other representative of the organization, responded to any of Screentech's attempts to contact them, not even to a certified letter that was confirmed to have been delivered to the physical address provided by Myles. All communication sent to the organization at that time informed it that its account was in default.
Because its attempts to contact Myles and/or the organization had been unsuccessful, Collins instructed a Screentech employee to perform an Internet search regarding the organization to see if they could retrieve additional information regarding the organization or, possibly, about a representative of the organization other than Myles. The search produced information about another nonprofit organization, also named Milk and Honey, headquartered in Florida. Believing that organization to be the same organization as Myles's, Screentech contacted that organization and was told that Myles was not employed there. Thereafter, Collins contacted the Houston County District Attorney's Office and informed the district attorney that Screentech had not been able to locate correct contact information on its customer, who had claimed to be a nonprofit organization. The district attorney advised Collins to file a police report, which he did.
Screentech filed a police report on April 22, 2009. At that time, Screentech gave investigators its file on the "Milk and Honey Multicultural" account and a copy of a letter it had sent Myles questioning the status of her organization. In summary, it is undisputed that Screentech told investigators that Myles had not paid for the t-shirts she had ordered on behalf of an organization called "Milk and Honey Multicultural," which she claimed was a nonprofit organization; that Screentech had received no response from its attempts to contact Myles with the contact information she had provided; that Screentech had searched for additional contact information and, in doing so, had located an entity also named "Milk and Honey" in Pensacola, which had informed Screentech that Myles was not employed by that entity; and that there was no agreement with Myles to pay for the t-shirts at a later date. An independent investigation of Myles subsequently revealed that she had previously used approximately six different aliases, two different Social Security numbers, and had given multiple addresses as her own.
Myles was charged with and convicted of first-degree theft of property on December 10, 2009. Williams testified during that trial regarding his dealings with Myles. That conviction was thereafter set aside in April 2010. Myles was again indicted for first-degree theft. Screentech took no part in that investigation or trial. The case was eventually settled with the district attorney's office.
On appeal, Myles asserts that the trial court erred in entering a summary judgment in favor of the Screentech defendants because, she asserts, genuine issues of material fact exist regarding her claims of abuse of process, malicious prosecution, false imprisonment, and the tort of outrage.
It is well settled that an appellate court reviews a summary judgment de novo, using the same standard applied by the trial court. Neal v. Sem Ray, Inc., 68 So.3d 194, 196 (Ala.Civ.App.2011). Under Rule 56(c), Ala. R. Civ. P., we must review the
We begin by discussing Myles's claim of abuse of process. To establish a prima facie case of abuse of process, the evidence must show that an ulterior purpose motivated the use of process, that the use of process was wrongful, and that the defendant acted with malice. Moon v. Pillion, 2 So.3d 842, 846 (Ala.2008). Myles contends that the evidence she presented is sufficient to establish a prima facie case as to her abuse-of-process claim. First, she argues that Screentech was improperly motivated to initiate Myles's prosecution by its desire to collect the debt owed to it, which, she claims, was its ulterior purpose. In support of her argument, Myles relies on Shoney's, Inc. v. Barnett, 773 So.2d 1015 (Ala.Civ.App.1999), in which we explained:
Shoney's, 773 So.2d at 1025.
In particular, in her brief, Myles points to our reference in Shoney's, used for illustrative purposes, to a debt-collection scenario where a potentially viable abuse-of-process claim might arise, stating that anyone who initiates prosecution to collect a debt abuses process. However, in Shoney's, we stated that it would be an abuse of process for a creditor to garnish (thereby, use the judicial process) a debtor's exempt wages in order to coerce the debtor into paying his or her balance. We thereafter summarized that "`if a defendant prosecutes an innocent plaintiff for a crime without reasonable grounds to believe him guilty, it is malicious prosecution; if he prosecutes him with such grounds to extort payment of a debt, it is abuse of process.'" Shoney's, 773 So.2d at 1025 (quoting William L. Prosser, Handbook of the Law of Torts, § 121, at 857 (4th ed.1971)).
We reject Myles's argument that the fact that Screentech wanted to collect a debt from Myles satisfied the ulterior-purpose element of the tort of abuse of
Additionally, Myles argues that Screentech's statement that it was not a part of the second grand-jury proceedings initiated with regard to Myles because it had been paid by that point is evidence indicating that Screentech "knew that a crime had not been committed." The fact that Screentech felt unconnected, even indifferent, to the second round of criminal proceedings against Myles does not speak to whether it was genuinely suspicious of potentially unlawful behavior when the police report was filed. Moreover, Myles contends that the fact that Screentech treated her as it customarily does its other customers demonstrates that Screentech went to the authorities after its traditional collection methods had failed. That is precisely what Screentech claimed to have done, but Myles's argument ignores the undisputed fact that Screentech had been unsuccessful in its collection efforts because it had either been given incorrect contact information or was being ignored by Myles. That fact, coupled with the undisputed fact that Screentech learned about another nonprofit organization with a similar name as Myles's organization and was informed that Myles was not affiliated with that entity, gave the Screentech defendants a reasonable basis to be concerned that illegal activity may have occurred such that they would be prevented altogether from collecting the debt owed to Screentech. They did not resort to legal process after their traditional collection processes had failed (as is contended by Myles); rather, they approached the authorities once they became concerned that they had been the victims of fraud, rendering their traditional collection methods ineffective.
Myles argues that she presented sufficient evidence to establish wrongful use of process by presenting evidence of the information Screentech retrieved on the Pensacola organization with a similar name as Myles's organization. Myles argues that, because she had given Screentech correct contact information that was different from the contact information listed for the Pensacola organization, the Screentech defendants knew that the Pensacola organization was a separate entity; she asserts that their representation to
Next, Myles argues that she presented evidence sufficient to establish a claim of malicious prosecution. To successfully make a prima facie case of malicious prosecution, it is necessary for the claimant to present substantial evidence indicating that the opposing party lacked probable cause. Favorite Market Store v. Waldrop, 924 So.2d 719, 722 (Ala.Civ.App. 2005). Probable cause "`as the term is employed in actions for malicious prosecution is such a state of facts in the mind of the prosecutor that would lead a man of ordinary caution or prudence to believe or entertain an honest or strong suspicion that the person arrested is guilty.'" Harris v. Harris, 542 So.2d 284, 286 (Ala.Civ. App.1989) (quoting National Sec. Fire & Casualty Co. v. Bowen, 447 So.2d 133, 139 (Ala.1983)).
Although the issue of probable cause should be heard by a jury when material facts are in dispute, Harris, 542 So.2d at 286, the material facts are not in dispute here. Myles asserts that Screentech did not have reason to believe that it had been defrauded by Myles because it "recognized" that the Pensacola organization was unrelated to Myles yet filed a criminal complaint anyway. In support of that statement, Myles refers to the cross-examination of Collins during his deposition, where he was asked about the listing that had been retrieved regarding the Pensacola organization. Collins did not testify during this deposition that he was aware that the Pensacola organization was unrelated to Myles's organization; Myles's statement is, thus, without merit.
According to Myles, the only reason that Screentech went to the authorities was because it wanted to collect a debt. Again, Myles fails to consider that the undisputed facts of this case show that Screentech not only wanted to collect a debt, but that it also felt as though it was being deceived because Myles had not responded to any of its correspondence, giving Screentech no reason to believe that Myles could be located and was willing to pay the debt owed
Next, we address Myles's claim of false imprisonment. Under Ala.Code 1975, § 6-5-170, false imprisonment is the unlawful detention of someone wherein that person is deprived of personal liberty. A person who reports a suspicion that another person may be guilty of a crime cannot be liable for false imprisonment unless that person has acted in bad faith, without "`reasonable cause to believe'" that the accused is guilty of the crime. Crown Cent. Petroleum Corp. v. Williams, 679 So.2d 651, 655 (Ala.1996) (quoting Caldwell v. Standard Oil Co., 220 Ala. 227, 229, 124 So. 512, 513 (1929)). For the same reasons that Myles did not establish a prima facie case that Screentech lacked probable cause to file a criminal complaint against Myles, Myles has failed to produce substantial evidence indicating that Screentech acted in bad faith and without a reasonable belief that Myles had committed a crime.
Finally, we address Myles's assertion that she presented substantial evidence to support a claim of the tort of outrage. For Myles to be correct, she must have demonstrated that Screentech's actions were "so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society." American Road Serv. Co. v. Inmon, 394 So.2d 361, 365 (Ala.1980). Nevertheless, if probable cause is demonstrated, "[o]ne cannot be held liable where he has done no more than insist upon his legal rights in a permissible way." McDuff v. Turner, 679 So.2d 1071, 1075 (Ala.Civ.App.1996). As we have discussed, the Screentech defendants had probable cause to file a criminal complaint against Myles, and, thus, its having done so cannot serve as a basis to hold them liable for the tort of outrage.
Because Myles did not present substantial evidence to establish a prima facie case as to her claims, the trial court did not err in entering a summary judgment in favor of the Screentech defendants.
AFFIRMED.
THOMPSON, P.J., and BRYAN, THOMAS, and MOORE, JJ., concur.