Virtua Cop 3 Torrents
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Evans also argued that he had adequately stated a cause of action for abuse of process. The majority concluded that Evans had not stated a cause of action for abuse of process. The majority stated:
Viewing the allegations in the present case as a whole, we are satisfied that they fail to state a cause of action for abuse of process. In order to state a cause of action for abuse of process, the plaintiff must allege that the defendant has used legal process, which the defendant knew or should have known was not proper.
Id. at 488-89. The majority also concluded that Evans’ allegations were insufficient to satisfy the requirement that the defendant must act outside the scope of its authority.
In her dissent, Justice Ryan stated:
I believe that, viewing the allegations in the complaint most favorably to the plaintiff, he has sufficiently stated a cause of action for abuse of process. [Evans’] allegations in this case, viewed most favorably to him, clearly indicate that the defendants, in the course of invoking process, employed their process to *237 achieve a purpose for which it was not designed….
Id. at 490.
The defendants contend that Evans is controlling in the present case, and they assert that Evans is distinguishable because there was no indication that Evans could have been arrested under the curfew ordinance. We disagree.
The rules governing dismissal for failure to state a cause of action are well established in Indiana. They require that the allegations of the complaint be taken as true. First Nat. Bank v. Robson (1985), Ind. App., 477 N.E.2d 863, 864. If such allegations set forth facts and circumstances upon which relief can be granted, the complaint should not be dismissed. Id.
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