BORDEN, J.
This appeal arises from an incident in which the individual defendants, acting in their capacities as administrators of the defendant Southern Connecticut State University (university), allegedly made false and malicious statements accusing the plaintiff of submitting a fraudulent request for personal reimbursement for funds that he purportedly expended at a professional conference, ultimately resulting in his arrest. The plaintiff, Omid Nodoushani, appeals from the summary judgment rendered by the trial court in favor of the individual defendants, Cecil Murphy, Cheryl Norton, and Bharat Bhalla.
The plaintiff brought this action against the defendants and the university, alleging, inter alia, false arrest and malicious prosecution, pursuant to 42 U.S.C. § 1983 and the common law, and defamation. The defendants and the university moved to dismiss the complaint, and the court, A. Robinson, J., granted the motion to dismiss with respect to the university; see footnote 1 of this opinion; but denied the motion as to the defendants. Thereafter, the defendants filed a motion for summary judgment, which the plaintiff opposed pursuant to Practice Book § 17-45. Following oral argument, the court, Young, J., issued a memorandum of decision granting the defendants' motion. This appeal followed.
The following procedural history and undisputed facts are relevant to our resolution of this appeal. The plaintiff was employed by the university as a tenured professor of management and management information systems, and as the director of the masters of business administration program in the university's school of business. In June, 2005, the university granted permission to the plaintiff to attend and present a paper at the Eighth Annual Conference on Ethics and Technology (conference), to be held on June 24 and 25, 2005, at St. Louis University in St. Louis, Missouri. On July 6, 2005, the plaintiff submitted to Bhalla, the interim dean of the university's school of business, a request for reimbursement in the amount of $1213.61 for expenses allegedly incurred while attending the conference. The plaintiff submitted several documents in support of his reimbursement request, including a copy of a conference registration receipt bearing his name and the amount expended of $175.
Bhalla had concerns regarding the authenticity of the plaintiff's reimbursement request. Specifically, Bhalla noted that
Through his inquiry, Bhalla obtained several documents from St. Louis University indicating that the plaintiff had neither registered for the conference nor presented a paper. Following this inquiry, Bhalla sent to Norton, the university president, a memorandum with supporting documents gathered pursuant to his investigation (collectively, memorandum). The documents submitted to Norton in support of Bhalla's memorandum included the following: (1) the plaintiff's reimbursement request, including the registration receipt; (2) a list of the conference registrants, which did not include the plaintiff's name; (3) an e-mail to Bhalla from an employee of St. Louis University whose signature appeared on the plaintiff's registration receipt stating, "I believe that the receipt has been altered. I used the Ariel 16 font with only the first letter of the first and last names capitalized and the receipt has both names typed in all caps and looks to be in a font other than Ariel 16"; (4) a list of individuals who presented papers at the conference, which did not include the plaintiff's name; (5) an e-mail to Bhalla from the conference moderator stating that the plaintiff did not present his paper.
Subsequently, the university police department obtained a copy of Bhalla's memorandum and applied for a warrant to arrest the plaintiff on the charge of attempt to commit larceny in the second degree in violation of General Statutes §§ 53a-49 and 53a-123. The affidavit supporting the warrant application stated that it was based upon Bhalla's memorandum to Norton, as well as an investigation conducted by John Flynn, a detective with the university police department. On September 20, 2005, the police arrested the plaintiff pursuant to the arrest warrant. The state subsequently nolled the criminal charge on July 18, 2006.
The plaintiff subsequently filed this action against the defendants in their individual capacities, alleging, inter alia, false arrest, malicious prosecution, and defamation. With respect to his claims of false arrest and malicious prosecution, the plaintiff alleged that after he furnished his reimbursement request to Bhalla, "the defendant Bhalla falsely, maliciously and without probable cause to do so stated in writing in a letter to the ... [u]niversity and Norton, inter alia, that: A. The plaintiff engaged in `[f]raudulent behavior and ethical [misconduct]'; B. The plaintiff `[d]id not attend the 8th annual Ethics and Technology Conference in St. Louis University on June 24-25, 2005'; C. The plaintiff `did not pay the registration fee of $ 175.00'; and D. The plaintiff was on vacation from June 16, 2005 through June 26, 2005." The complaint further alleged that "[a]t or about the time of the false allegations letter, the defendants met and planned the steps they would take against the plaintiff.... At that meeting, the defendant Norton ordered her subordinates to take the strongest possible measures against the plaintiff.... Thereafter... the defendant Bhalla or one or more agents, officers or employees of the... [u]niversity, with malice and without probable cause to do so, contacted the [university] [p]olice [d]epartment for the purpose of having the plaintiff arrested.... In support of the desire and effort
"Thereafter ... the plaintiff was arrested, charged with criminal attempt to commit larceny in the second degree, and taken into custody from his office at the ... [u]niversity.... With malice and for the purpose of using the criminal justice system to discredit the plaintiff, support his termination from employment and to ruin his academic career and cause him great emotional financial harm, the defendants caused the issuance of a warrant for the plaintiff's arrest on the false charge of attempt to commit larceny in the second degree.... As a result, the plaintiff was arrested and prosecuted continuously from September of 2005 through July of 2006, was required to hire attorneys for his defense, was required to appear many times in courts as an accused criminal to defend himself against the false and spurious allegations.... The defendants caused the aforesaid prosecution to be maintained and pressed against the plaintiff.... There was no probable cause for the aforesaid arrest or prosecution of the plaintiff and his said arrest and prosecution by the defendants was malicious, wilful, and wanton."
At a deposition conducted on June 3, 2010, in a related federal action brought by the plaintiff,
As a preliminary matter, we set forth the appropriate standard of review. "In seeking summary judgment, it is the movant who has the burden of showing the nonexistence of any issue of fact. The courts are in entire agreement that the moving party for summary judgment has the burden of showing the absence of any genuine issue as to all the material facts, which, under applicable principles of substantive law, entitle him to a judgment as a matter of law. The courts hold the movant to a strict standard. To satisfy his burden the movant must make a showing that it is quite clear what the truth is, and that excludes any real doubt as to the existence of any genuine issue of material fact.... As the burden of proof is on the movant, the evidence must be viewed in the light most favorable to the opponent....
We first address the plaintiff's claim that the trial court improperly granted the defendants' motion for summary judgment with regard to his false arrest and malicious prosecution claims. As a threshold matter, we note the plaintiff's contention that his complaint alleges claims of false arrest and malicious prosecution pursuant to both § 1983 and the common law. The defendants contend that the plaintiff failed to properly plead his claims pursuant to § 1983, and, therefore, the claims set forth in the complaint are based entirely on the common law. For the purposes of this appeal, we agree with the trial court's conclusion that it is not necessary to determine whether the plaintiff's § 1983 claims were properly alleged in the complaint, in light of the fact that our substantive analysis of the false arrest and malicious prosecution claims is virtually identical under § 1983 and the common law.
Turning to the substance of the plaintiff's false arrest and malicious prosecution claims, the plaintiff contends that the trial court improperly granted the defendants' motion for summary judgment because there existed a genuine issue of material fact regarding whether the defendants "instigated the proceedings against [him] by contacting the police and then encouraging... prosecution" on the basis of false allegations.
We first set forth the elements of the common-law claims of false arrest and malicious prosecution. "False imprisonment,
"An action for malicious prosecution against a private person requires a plaintiff to prove that: (1) the defendant initiated or procured the institution of criminal proceedings against the plaintiff; (2) the criminal proceedings have terminated in favor of the plaintiff; (3) the defendant acted without probable cause; and (4) the defendant acted with malice, primarily for a purpose other than that of bringing an offender to justice....
"The weight of modern authority is that where the defendant has attempted to comply with legal requirements, and has failed to do so through no fault of his own, false imprisonment will not lie, and the remedy is malicious prosecution. The policy is to give the defendant the privilege of making reasonable efforts to bring his case properly before the court, without liability unless his ultimate purpose is an improper one. W. Prosser, Torts (4th Ed.) § 11." (Citations omitted; emphases added; internal quotation marks omitted.) Lo Sacco v. Young, 20 Conn.App. 6, 19-20, 564 A.2d 610, cert. denied, 213 Conn. 808, 568 A.2d 793 (1989).
We conclude that the defendants satisfied their initial burden of demonstrating the absence of a genuine issue of material fact with regard to the plaintiff's false arrest and malicious prosecution claims. See Ramirez v. Health Net of the Northeast, Inc., supra, 285 Conn. at 10-11, 938 A.2d 576. We agree with the trial court's determination that, "[i]n viewing the evidence in the light most favorable to the plaintiff, the defendants have offered substantial evidence that the defendants utilized the proper legal channels to report their complaint against the plaintiff." Therefore, the defendants demonstrated that there was no genuine issue of material fact as to whether they acted unlawfully or without probable cause.
In particular, the defendants submitted ample documentation in support of their motion for summary judgment, thereby demonstrating that any suspicions with respect to the fraudulent nature of the plaintiff's reimbursement request were well-founded and based on a good faith investigation conducted by Bhalla. The defendants submitted a copy of Bhalla's affidavit, which details the steps that he took to investigate the authenticity of the plaintiff's reimbursement request. They additionally provided the documents that Bhalla obtained pursuant to his investigation, including numerous correspondences between Bhalla and St. Louis University, which indicate that the plaintiff was not registered for the conference and did not present a paper, as he purported to have done in his reimbursement request. The defendants also submitted a copy of the plaintiff's sworn deposition testimony, wherein the plaintiff admitted that he submitted to Bhalla a falsified conference registration receipt, and that he did not present a paper at the conference. All of these documents demonstrate that any communications that the defendants had with the university police regarding the plaintiff's reimbursement request were not made unlawfully or without probable cause. To the contrary, the defendants' allegations were supported by ample documentation that
The plaintiff, on the other hand, failed to present any admissible evidence demonstrating that the defendants acted unlawfully or without probable cause. The only evidence that the plaintiff submitted in opposition to the defendants' motion for summary judgment was his deposition testimony, consisting of bare conclusory assertions that the defendants directed the police to arrest him on the basis of false allegations. See Chadha v. Charlotte Hungerford Hospital, 97 Conn.App. 527, 540, 906 A.2d 14 (2006) (no genuine issue of material fact where plaintiff relied on "his own conclusory statements and personal assessment of the motives of the defendants" in opposing summary judgment). Most damaging to the plaintiff's claims on appeal is his admission — set forth within the very deposition testimony on which he presently relies — that he did not register for the conference or present a paper as he purported to do. Because the plaintiff's claims of false arrest and malicious prosecution remain wholly unsubstantiated, we conclude that the trial court properly granted the defendants' motion for summary judgment.
The plaintiff next claims that the trial court improperly granted the defendants' motion for summary judgment with respect to his defamation claim.
The plaintiff alleged in his complaint that, in addition to the facts set forth in support of his false arrest and malicious prosecution claims, "[t]he defendants published one or more defamatory statements about the plaintiff.... The defamatory statements identified the plaintiff to a third person.... The plaintiff's reputation suffered injury as a result of the statements." Although the complaint does not set forth specific facts in support of the
"The plaintiff further suffered substantial harm to his reputation.... He testified that, after the publication of a claim that he had engaged in criminal conduct, he was removed from his positions at Albertus Magnus [College] and the University of New Haven.... Those positions have never been restored to him.... The plaintiff further was removed as [d]irector of the [masters of business administration] program at [the university].... That position has never been restored.... The plaintiff had travel restrictions placed upon him by his employer subsequent to the defendants' defamation." (Citations omitted.)
The defendants, in moving for summary judgment, argued that the plaintiff failed to establish a prima facie defamation claim, and that the defendants were protected by the doctrine of qualified immunity.
The plaintiff contends that the court improperly relied upon the doctrine of qualified immunity as its "sole basis" for granting the defendant's motion for summary judgment because such doctrine was inapplicable as a matter of law. (Emphasis added.) Contrary to the plaintiff's characterization, the court cited the doctrine of qualified immunity only as an alternative basis for granting summary judgment, and not as the sole basis for its
"It is well established that this court may rely on any grounds supported by the record in affirming the judgment of a trial court." State v. Burney, 288 Conn. 548, 560, 954 A.2d 793 (2008). In this appeal, the plaintiff does not claim that the court improperly determined that he failed to establish a prima facie defamation claim. "An unmentioned claim is, by definition, inadequately briefed, and one that is generally ... considered abandoned." (Internal quotation marks omitted.) State v. Saucier, 283 Conn. 207, 223, 926 A.2d 633 (2007). An appellant's failure to raise all possible grounds for reversal operates as waiver. See Harris v. Bradley Memorial Hospital & Health Center, Inc., 306 Conn. 304, 325 n. 10, 50 A.3d 841 (2012), cert. denied, ___ U.S. ___, 133 S.Ct. 1809, 185 L.Ed.2d 812 (2013). Accordingly, because the plaintiff waived the ground upon which the court based its decision, we decline to review this claim.
The judgment is affirmed.
In this opinion the other judges concurred.