in malicious prosecution. Indeed, wrongful injunction appears to be a strict liability version of malicious prosecution. In his special concurrence, Justice Wells suggests that sovereign immunity should be waived for any damage caused by an invocation of equitable jurisdiction. See Provident Mgt. Corp., 718 So.2d at 740. Justice Wells argues that the state must bring itself within the known and fixed rules of equity like any private individual. See State ex rel. Comm’rs of Land Office v. Sparks, 208 Okla. 150, 253 P.2d 1070 (1953) (allowing defendant in suit brought by state to assert equitable defense and recognizing that state opens door to any defense or cross-complaint germane to matter in controversy when it sues in equity); State v. Bucholz, 169 Minn. 226, 210 N.W. 1006 (1926) (<HOLDING>); State v. Kilburn, 81 Conn. 9, 69 A. 1028
recognizing a public policy against discrimination but not providing for an independent cause of action recognizing the cause of action recognizing that defendant could raise recoupment defense against state but not independent cause of action or counterclaim recognizing cause of action holding plaintiffs motion for trial de novo of award in counterclaim only but not of damages awarded in main cause of action was not void and remanding for a trial de novo of both the main cause of action and the counterclaim