New York Court Awards $500K for False Assault Report Leading to Arrest

A New York appellate court has upheld a $500,000 damage award against a father and son who falsely reported a lawyer for assault, resulting in his arrest. The decision in Bisogno v. Libertella, issued two months ago by the New York Appellate Division, was authored by Justices Francesca E. Connolly, Paul Wooten, Helen Voutsinas, and James P. McCormack.

On May 9, 2013, the plaintiff, a lawyer representing his sister-in-law in a child support proceeding, attended a hearing in the Family Court, Richmond County, alongside the defendant John Libertella and his father, Giovanni Libertella. After the hearing, a verbal altercation occurred, which John recorded on his phone. The defendants then told a court officer that the plaintiff had punched John in the face and demanded police intervention.

Police were called, and the plaintiff was arrested. However, in November 2013, the District Attorney’s office dismissed all charges against him. Multiple news outlets later reported on the incident and the plaintiff’s arrest.

The plaintiff subsequently filed a lawsuit against the defendants, alleging defamation per se, false arrest, and malicious prosecution. After a trial, the jury found in favor of the plaintiff on the defamation per se claim and against John Libertella on the false arrest and malicious prosecution claims.

Court Upholds Liability and Damages

The court confirmed the jury’s findings, stating that the evidence supported the conclusion that the defendants’ statements were defamatory per se, as they falsely accused the plaintiff of a serious crime—attempted assault.

"To be held liable for false arrest, a [civilian] defendant must have affirmatively induced the officer to act, such as taking an active part in the arrest and procuring it to be made or showing active, officious and undue zeal, to the point where the officer is not acting of his or her own volition."

"[O]ne who wrongfully accuses another of criminal conduct and induces or procures that person's arrest may be liable for false arrest."

Regarding malicious prosecution, the court emphasized that liability requires more than merely providing false information to authorities. The plaintiff must prove that the defendant played an active role in initiating the prosecution, such as giving advice, encouragement, or pressuring authorities to act.

"Merely giving false information to the authorities does not constitute initiation of the proceeding without an additional allegation or showing that, at the time the information was provided, the defendant intended to initiate or procure the prosecution."