O'Connell v. Stover

Rufo, Robert C., J.

The plaintiff, Phillip O’Connell (“O’Connell”), brought this action against the defendant, Cora Stover (“Stover”), for malicious prosecution. The matter is currently before this Court on the Defendant’s Special Motion to Dismiss, brought pursuant to G.L.c. 231, §59H, the state anti-SLAPP statute. For the reasons set forth below, the defendant’s motion is ALLOWED.

BACKGROUND

On May 19, 2001, an incident occurred in or around a park on Nantucket know as the “Dead Horse Valley.” According to the supporting papers submitted by Stover, 1 she was hanging around with some friends in…