Appellate Court Affirms Defense Verdict Won by RRD Partner Catherine S. Nietzel

In a decision released on May 1, 2012, the Connecticut Appellate Court upheld a jury verdict won in 2009 by RRD Partner Catherine S. Nietzel on behalf of two Fairfield County police officers sued for malicious prosecution by a woman who was charged with animal cruelty for her treatment of ten dogs.   The trial judge dismissed several other allegations against the officers, including those for false arrest and constitutional violations, just before the start of trial.  In her appeal, the plaintiff claimed that the court should not have allowed one of the officers to testify as to the condition of the dogs or about what a veterinarian had told the officers about their condition.  The plaintiff also claimed that the trial judge judge shouldn’t have allowed evidence of an ancillary proceeding which resulted in a ruling that the dogs should not be returned to the plaintiff.  

Assisted by RRD Associate Peter DeMartini, Attorney Nietzel convinced the Appellate Court to affirm the judgment of the trial court.  The Appellate Court found that the trial court correctly exercised its discretion to both admit the evidence of the administrative hearing and to allow the officer to testify about the condition of the dogs and the veterinarian's report.