Cohen v. King
Cohen v. King
Opinion
The self-represented plaintiff, Debra Cohen, appeals from the judgment of the trial court granting a motion to dismiss filed by the defendant, Patricia A. King. On appeal, the plaintiff claims that the trial court erred in concluding that the doctrine of litigation privilege barred her action sounding in defamation and fraud. We affirm the judgment of the trial court.
The following facts and procedural history are relevant to our decision. The defendant was the chief disciplinary counsel for the Office of Chief Disciplinary Counsel. The plaintiff was terminated from her position as a staff attorney for the Office of the Probate Court Administrator following a disciplinary proceeding conducted pursuant to the Connecticut Judicial Branch Administrative Policies and Procedures Manual Policy 612, titled "Corrective Discipline." While the proceeding was pending, the Probate Court Administrator notified the defendant of the matter.
The defendant then assigned an assistant chief disciplinary counsel to investigate the matter. Thereafter, the defendant initiated grievance proceedings against the plaintiff. A reviewing committee issued a reprimand to the plaintiff. The Statewide Grievance Committee (committee) and the Superior Court affirmed the reprimand. 1
During the pendency of the grievance proceeding, the plaintiff filed her own grievance complaint against the defendant. The plaintiff alleged that the defendant's decision to file a grievance "violated several sections of the Practice Book, the duties and responsibilities of her office, and the public's trust ...." In response, the defendant contended that the plaintiff's grievance complaint was without merit. The grievance panel found no probable cause and dismissed the complaint against the defendant.
The plaintiff then instituted the present civil action against the defendant. The plaintiff claimed that the defendant "published false and defamatory statements and remarks about the plaintiff in her (defendant's) answer to [the plaintiff's] Grievance Complaint [against the defendant] ...." 2 The defendant moved to dismiss the action on the ground of litigation privilege. The court concluded that the litigation privilege barred the action and granted the motion to dismiss. This appeal followed.
The issue presented is whether the court erred in concluding that the litigation privilege extends absolute immunity to statements made to the attorney disciplinary authority by an attorney who is the
subject of a grievance complaint. In deciding a motion to dismiss, a "court must take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader .... The motion to dismiss ... admits all facts which are well pleaded, invokes the existing record and must be decided upon that alone." (Internal quotation marks omitted.)
Gold
v.
Rowland
,
Connecticut has long recognized the litigation privilege. See id., at 535-39,
"The rationale underlying [litigation] privilege is grounded upon the proper and efficient administration of justice.... Participants in a judicial process must be able to testify or otherwise take part without being hampered by fear of defamation suits.... Therefore, in determining whether a statement is made in the course of a judicial proceeding, it is important to consider whether there is a sound public policy reason for permitting the complete freedom of expression that a grant of [litigation privilege] provides.... In making that determination, the court must decide as a matter of law whether the allegedly defamatory statements are sufficiently relevant to the issues involved in a proposed or ongoing judicial proceeding. The test for relevancy is generous and judicial proceeding has been defined liberally to encompass much more than civil litigation or criminal trials." (Citations omitted; internal quotation marks omitted.)
Hopkins
v.
O'Connor
,
"The judicial proceeding to which [absolute] immunity attaches has not been defined very exactly. It includes any hearing before a tribunal which performs a judicial function, ex parte or otherwise, and whether the hearing is public or not. It includes for example, lunacy, bankruptcy, or naturalization proceedings, and an election contest. It extends also to the proceedings of many administrative officers, such as boards and commissions, so far as they have powers of discretion in applying the law to the facts which are regarded as judicial or quasi-judicial, in character." (Internal quotation marks omitted.)
Kelley
v.
Bonney
,
In a grievance proceeding, the committee performs a number of judicial functions, such as assigning the case to a
reviewing committee, compelling testimony and the production of evidence via subpoena power, holding hearings at which both parties have the right to be heard, and, ultimately, recommending dismissal of the complaint or the imposition of sanctions.
Field
v.
Kearns
,
The plaintiff, however, contends that the litigation privilege does not extend absolute immunity to statements made to a disciplinary authority by an attorney who is the subject of the grievance complaint or disciplinary investigation. The plaintiff argues that our conclusion in
Field
v.
Kearns , supra,
Field
contains no language limiting the parties or participants who are protected by the litigation privilege in grievance proceedings. Moreover, this court stated that "parties to or witnesses before judicial or quasi-judicial proceedings are entitled to absolute immunity for the content of statements made therein."
The plaintiff also argues that the litigation privilege did not properly apply because her complaint pleads facts suggesting that the defendant both abused the judicial process and breached the professional duty of candor. We disagree.
Our Supreme Court has "recognized a distinction between attempting to impose liability upon a participant in a judicial proceeding for the words used therein and attempting to impose liability upon a litigant for his improper use of the judicial system itself .... In this regard, we have refused to apply absolute immunity to causes of action alleging the improper use of the judicial system." (Citation omitted.)
MacDermid, Inc.
v.
Leonetti
, supra,
We note that
Field
held not only that statements made in a grievance proceeding were shielded by absolute immunity, but also that the act of filing a grievance was protected.
Field
v.
Kearns , supra,
The judgment is affirmed.
The plaintiff has appealed from the judgment of the Superior Court affirming the reprimand in a separate appeal, which is pending before this court.
Specifically, the plaintiff alleged that the defendant falsely and maliciously stated: "(a) That the plaintiff had engaged in serious misconduct concerning two estate matters, paying herself improper fiduciary fees; and (b) That the plaintiff was engaged in an unauthorized side business while serving as a court official and attorney."
In
Field
, the plaintiff was an attorney who was sued for malpractice by a client whom he previously had represented in a foreclosure action.
Field
v.
Kearns , supra,
The plaintiff then brought a seven count complaint against the defendant concerning the defendant's conduct in both the malpractice action and the grievance complaint.
In
Tyler
, the plaintiffs were brothers who were named beneficiaries of their mother's trust.
Tyler
v.
Tatoian
, supra,
The plaintiffs then commenced a second action, in which they alleged, inter alia, that the defendant committed fraud when he offered contradictory testimony at his deposition and at trial. Id., at 86,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.