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Russo v. State of New York

672 F.2d 1014 (1982)

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Russo v. State of New York

United States Court of Appeals for the Second Circuit
672 F.2d 1014 (1982)

Facts

Anthony Russo (plaintiff) borrowed a car from his brother-in-law, Robert Lostraglio. The car was stolen. When Russo contacted Lostraglio’s insurance company and then the police to report the theft, Russo represented himself as Lostraglio. After the car was found and state trooper Lawrence Cichocki (defendant) interviewed the real Lostraglio, Cichocki learned of Russo’s calls to the insurance company and the police. Cichocki concluded that Russo had impersonated Lostraglio for purposes of defrauding the insurance company. Cichocki obtained a warrant for Russo’s arrest on the charge of criminal impersonation. Russo was arrested. The charge was dismissed. Russo brought an action against Cichocki for malicious prosecution. Evidence was presented to show that Cichocki also pursued charges against Russo’s wife and daughter for unrelated crimes. The jury delivered a verdict for Russo, awarding compensatory and punitive damages and attorney’s fees. Cichocki appealed. The United States Court of Appeals granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Meskill, J.)

Concurrence (Feinberg, C.J.)

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