Michael Robinson, et al. v. V.D.

New London, Connecticut personal injury lawyer represented the Plaintiff who sued on defamation, invastion of privacy by false light, statutory and common-law vexatious litigation, and intentional and negligent infliction of emotional distress.



The civil action filed by the plaintiffs, Michael Robinson and Mary Robinson, seeks compensatory damages and injunctive relief for defamation, invasion of privacy by false light, statutory and common-law vexatious litigation, and intentional and negligent infliction of emotional distress. The defendant claims that (1) the court improperly denied his special motion to dismiss the action on the ground that his alleged conduct did not relate to an exercise of a protected right in connection with a matter of public concern and, thus, fell outside the scope of § 52-196a,[3] and, (2) even if he is not entitled to a dismissal of the action pursuant to § 52-196a, the trial court lacks subject matter jurisdiction over this action because the defendant is entitled to absolute immunity under the litigation privilege for his alleged conduct, all of which occurred in the course of judicial or quasi-judicial proceedings. In addition to disputing the defendant's claims, the plaintiffs raise as an alternative ground for affirming the denial of the special motion to dismiss that § 52-196a violates both the state and federal constitutions.[4] We conclude that the question of whether the plaintiffs' action is barred by absolute immunity under the litigation privilege implicates the trial court's subject matter jurisdiction and, thus, must be considered prior to addressing the merits of the special motion to dismiss. We agree with the defendant that, with the exception of those counts sounding in vexatious litigation, the complaint is barred by absolute immunity. With respect to the remaining vexatious litigation counts, we affirm in part and reverse in part the court's decision to deny the special motion to dismiss, we reject the plaintiffs' alternative ground for affirmance, and we remand the matter for further proceedings in accordance with this opinion.



Key Phrases Special motion to dismiss. Anti-SLAPP statute. Litigation privilege. Quasi-judicial proceeding. Matter of public concern.