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161 Conn. 576

Fatone v. DeDomenico

Supreme Court of Connecticut

Decided October 27, 1971

Supreme Court of Connecticut · decided 1971-10-27

Key passage — most relied on by later courts

“[a] person is deemed to have initiated a proceeding if his direction or request, or pressure of any kind by him, was the determining factor in the officer's (or prosecutor's) decision to commence the prosecution.”

quoted by 1 later decision, including Nardozzi v. Bank of Boston Connecticut, No. 090799 (Apr. 23, 1992)

“There was no intimation in the evidence that the defendant expressed a desire that the plaintiff should be arrested, requested that the plaintiff be arrested or insisted upon it.”

quoted by 1 later decision, including 2000 Conn. Super. Ct. 8191 - Ford v. Barnes, No. Cv98-0548082 (Jul. 12, 2000)

Relies on Zenik v. O'BRIEN

Good law ✅— No negative treatment on recordhow we know

Decided 1971-10-27

How this case has been cited

Cited by 14 later decisions — most recently July 2015

1 district · 13 state decisions

6019711980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Pee Cueiam.

¶1This is an action for malicious prosecution in which the jury returned a verdict in favor of the defendant. The court’s memorandum of decision denying the plaintiff’s motion to set aside the verdict stated that the evidence, taken in the light most favorable to the plaintiff, “failed to disclose *577that the defendant had ‘procured’ the arrest of the plaintiff. . . . There was no intimation in the evidence that the defendant expressed a desire that the plaintiff should be arrested, requested that the plaintiff be arrested or insisted upon it. A person is deemed to have initiated a proceeding if his direction or request, or pressure of any kind by him, was the determining factor in the officer’s (or prosecutor’s) decision to commence the prosecution. Zenik v. O’Brien, 137 Conn. 592, 596 [79 A.2d 769]. The plaintiff’s proof was lacking in this essential element.”

¶2The record discloses that this observation by the trial court was correct. It is unnecessary to discuss the remaining assignments of error.

¶3There is no error.

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