Section 52-196a

Citation: Section 52-196a
Parent Document: Robinson v. V. D. (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-11-26
Original Source: https://www.courtlistener.com/opinion/10282961/robinson-v-v-d/ ↗

Full Text

2,250 chars

concern and thus was not entitled to the protections
       of § 52-196a. Accordingly, the court properly denied in
       part the special motion to dismiss.
          Contrastingly, we conclude that the court errone-
       ously concluded that the defendant failed to meet his
       initial burden of proving that the allegations in the com-
       plaint regarding his conduct during the course of the
       union grievance proceedings implicated the exercise of
       his constitutional right to petition the government in
       connection with a matter of public concern. As set
       forth subsequently in this opinion, we agree with the
       defendant that the court’s reasoning for denying the
       special motion to dismiss, at least with respect to this
       aspect of the complaint, cannot be sustained. In addi-
       tion, pursuant to the second part of the § 52-196a analy-
       sis, we conclude as a matter of law that the plaintiffs
       cannot demonstrate probable cause that they would
       prevail on their vexatious litigation counts with respect
       to the grievance proceedings because the grievance
       action was not an action brought against the plaintiffs.
       Accordingly, the court should have granted in part the
       special motion to dismiss.
         There is no dispute that the Coast Guard, as a federal
       agency, is a governmental body. Accordingly, the state-
       ments forming the basis of the plaintiffs’ complaint with
       respect to the grievance proceedings unquestionably
       were communications made in the context of the defen-
       dant exercising his right to petition the government, as
       contemplated by the anti-SLAPP statute, as they were
       made ‘‘in connection with an issue under consideration
       or review by a legislative, executive, administrative,
       judicial or other governmental body . . . .’’ (Emphasis
       added.) General Statutes § 52-196a (a) (3) (A). The
       record before the court also established that his alleged
       statements pertaining to the grievance related to a mat-
       ter of public concern because they involve a dispute
Page 26                   CONNECTICUT LAW JOURNAL                     0, 0

Other Sections in This Document (85)

Full Text