Opinion
Civil Action 1:21-cv-00040 (CJN)
09-28-2022
US DOMINION, INC., et al., Plaintiffs/Counter-Defendants, v. SIDNEY POWELL, et al., Defendants/Counter-Plaintiffs.
ORDER
CARL J. NICHOLS United States District Judge
U.S. Dominion, Inc., Dominion Voting Systems, Inc., and Dominion Voting Systems Corporation (collectively, “Dominion”) move to dismiss a counterclaim asserted by Sidney Powell, Sidney Powell, P.C., and Defending the Republic, Inc. (collectively, “Powell”). See ECF No. 55. In early 2021, Dominion sued Powell, alleging that she defamed Dominion in connection with the 2020 presidential election. See U.S. Dominion, Inc. v. Powell, 554 F.Supp.3d 42, 49 (D.D.C. 2021). Powell later filed a counterclaim against Dominion for abuse of process, alleging that Dominion filed its suit “to punish and make an example” out of her. See Powell Counterclaim, ECF No. 49 at ¶ 1. Previously, in related litigation, the Court granted Dominion's motion to dismiss a counterclaim for abuse of process asserted by another group of defendants. See U.S. Dominion, Inc. v. MyPillow, Inc., Civ. A. No. 21-445 (CJN), 2022 WL 1597420, at *3-4 (D.D.C. May 19, 2022). For substantially similar reasons, the Court will also grant Dominion's motion to dismiss Powell's counterclaim.
To state a claim for abuse of process under D.C. law, a plaintiff must allege “(1) the existence of an ulterior motive; and (2) an act in the use of process other than such as would be proper in the regular prosecution of the charge.” Spiller v. D.C., 362 F.Supp.3d 1, 6 (D.D.C. 2019) (quotations omitted). In other words, “[a]n ulterior motive is necessary but not sufficient.” MyPillow, 2022 WL 1597420, at *3. Abuse-of-process claims also have a second element, which requires “a perversion of the judicial process and achievement of some end not contemplated in the regular prosecution of the charge.” Spiller, 362 F.Supp.3d at 6 (quotations omitted).
Even if Powell adequately alleged that Dominion had an ulterior motive in bringing its lawsuit, her counterclaim fails under the second element. Powell's core allegation is that “Dominion's initiation and maintenance of its lawsuit against Defendants constitutes an abuse of process.” Powell Counterclaim, ECF No. 49 at ¶ 73. “But the mere pursuit of a lawsuit, just like the mere filing [of] a lawsuit, does not support an abuse of process claim.” MyPillow, 2022 WL 1597420, at *4. Instead, Powell must allege that Dominion, after filing its suit, performed some act that perverted the judicial process. See Spiller, 362 F.Supp.3d. at 6. But Powell's complaint fails to link her abuse-of-process claim to any act that Dominion has taken other than filing and pursuing its lawsuit. See Powell Counterclaim, ECF No. 49 at ¶¶ 67-73 (focusing entirely on an ulterior motive). She has thus failed to state a claim for abuse of process. Accordingly, it is
ORDERED that Dominion's Motion to Dismiss Powell's Counterclaim, ECF No. 55, is GRANTED.