Batia v. Debek

Connecticut Court of Appeals - decision pending

This case concerns an abuser's misuse of the tort of malicious prosecution to win a massive damages award against a mother who had sought to protect her daugher from his abuse. 

As in many other custody cases, the protective mother was accused of "parental alienation" and despite the testimony of leading experts in child sexual abuse that the child's complaint was credible, the custody court found that the allegation was not credible.  A criminal prosecution of the father resulted in a hung jury.  Subsequently, the father sued the mother for the tort of malicious prosecution, alleging that she had maliciously pursued the criminal prosecution without probable cause. 

Despite a clear finding by the custody judge that the mother honestly believed her daughter was being sexually abused, the court adjudicating the tort found that she had committed malicious prosecution and awarded the father $3 million damages.  DV LEAP, with pro bono counsel from Jenner & Block, appealed this decision to the Connecticut Court of Appeals; the Connecticut Supreme Court has assumed jurisdiction and will hear argument early in 2008.