Daniel R. Malinski, a shareholder of Burch & Cracchiolo, has obtained summary judgment in U.S. District Court in favor of his clients, a large local municipality and one of its police officers. The plaintiff filed suit alleging that the police officer not only negligently conducted a criminal investigation, but also deliberately misled the grand jury into handing down an indictment against plaintiff, who was subsequently arrested and jailed. Plaintiff claimed her case was the latest in a string of improper investigations conducted by the same officer. In her Complaint, plaintiff asserted a civil rights claim against the defendants pursuant to 42 U.S.C. § 1983 as well as several state law causes of action. Mr. Malinski prepared and filed a motion for summary judgment on behalf of the municipality and its officer. The court agreed with Mr. Malinski’s argument that the defendants were entitled to absolute witness immunity, and granted summary judgment for defendants. The court also granted summary judgment in defendants’ favor on other state law causes of action.
Mr. Malinski has been an attorney for 35 years, and his practice includes general civil litigation and appeals, insurance and institutional defense (including the defense of governmental employees), personal injury and wrongful death, premises liability, product liability, professional liability, asbestos personal injury and property damage litigation, business contract and tort litigation, and employment litigation.