Robinson Donovan Attorneys Jeffrey McCormick and David S. Lawless recently obtained the dismissal of a claim in Superior Court on behalf of a husband and wife sued for alleged malicious prosecution, false imprisonment, and infliction of emotional distress. The plaintiff’s Complaint alleged that he had been harmed by statements that the defendants had made to a local Police Department and the testimony that the defendants had made at trial in a criminal matter against the plaintiff. The Court held, following oral argument, that all of the underlying claims made by the defendants were based on their legally protected petitioning activities and that plaintiff could not meet his burden of showing that the defendants’ exercise of their rights to petition was devoid of any reasonable factual support or arguable basis in law. The Court further ordered the plaintiff to pay the defendants’ legal fees.
The defendants claimed that they had been subjected to a prolonged and continuous campaign of intimidation and harassment by the plaintiff. The Complaint against them sought to impose liability on them for petitioning activity in connection with what was actually the second criminal prosecution of the plaintiff for criminal harassment of the defendants. Massachusetts General Laws c. 231, §59H, known commonly as the Massachusetts Anti-Slapp Statute, protects an individual’s petitioning rights, including complaints to the police and local District Attorney. In the instant matter, the Court agreed that reporting incidents to the police and giving testimony at trial are clearly protected petitioning activities.
Contact Info:
Jeffrey L. McCormick, Esq. (413) 732-2301
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David S. Lawless, Esq. (413) 732-2301
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