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Keywords

plaintiffdefendantverdicttestimonymotionmotion to dismiss

plaintiffdefendantdamagessubpoenaappealtestimony

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Solitro v. Moffatt, 523 A.2d 858

Facts

Pasquale Solitro, a correctional officer, testified in a District Court regarding an inmate's charge for possession of a weapon. His testimony suggested that the State Police had selectively prosecuted inmates. Following this, police officials initiated an investigation into Solitro's statements, which led to his arrest on charges of perjury and dereliction of duty. Despite a jury finding that Solitro had made a false statement, they concluded he did not do so knowingly. Solitro subsequently filed a malicious prosecution suit against the police officials involved.

The plaintiff, Pasquale Solitro (Solitro), is, and has been since 1965, a correctional officer at the Adult Correctional Institutions (ACI). The defendants are members of the Rhode Island State Police. On August 5, 1976, Solitro was subpoenaed to testify before a District Court justice regarding a charge brought by the state against inmate Ronald Thornley for possession of a “shank.”

Issue

Did the police officials have probable cause to initiate perjury charges against Solitro, thereby barring his claim for malicious prosecution?

Rule

To establish a claim for malicious prosecution, a plaintiff must prove that the defendants initiated a prior criminal proceeding without probable cause, maliciously, and that the proceeding terminated in the plaintiff's favor.

To be entitled to recover damages for malicious prosecution, Solitro had to prove that (1) defendants initiated a prior criminal proceeding against him, (2) they did not have probable cause to initiate such a proceeding, (3) the proceeding was instituted maliciously, and (4) it terminated in Solitro's favor.

Analysis

The court determined that the police had probable cause to initiate the prosecution based on the evidence available to them at the time. The investigation conducted by the police revealed discrepancies between Solitro's testimony and the absence of corresponding booking records for the inmate involved. The court noted that the reliance on the statements of correctional officials regarding the records was reasonable, and the existence of probable cause was supported by the District Court's issuance of an arrest warrant and the subsequent denial of Solitro's motion to dismiss for lack of probable cause.

Here a review of the evidence in the light most favorable to Solitro reveals that defendants conducted an initial investigation that disclosed sufficient facts for them reasonably to believe that Solitro offered perjured testimony. The defendants questioned the three correctional officers responsible for maintaining inmate records and relied upon their representations that the records contained no evidence of a booking report for prisoner Clark.

Conclusion

The Supreme Court affirmed the directed verdict for the police, concluding that the evidence supported a finding of probable cause for the prosecution against Solitro.

Consequently, the plaintiff's appeal is denied, the judgment appealed from is affirmed, and the case is remanded to the Superior Court.

Who won?

The police officials prevailed in the case because the court found that they had probable cause to initiate the prosecution against Solitro, which negated his claim for malicious prosecution.

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