Whitten v. Bennett

Decided Circuit Court, D. Connecticut
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court, D. Connecticut
Decided
Judge
TOWNSEND, District Judge

Overview

Both demurrers are sustained.

Case summary

George E. Whitten sued William L. Bennett (executor of Tilton E. Doolittle's estate) and John R. Leete for damages arising from wrongful arrest and imprisonment. Whitten alleged that Doolittle, as state's attorney, wrongfully indicted him for murder without evidence, leading to Leete's extradition efforts involving false representations in Massachusetts. The defendants demurred. The Circuit Court held that the action against Bennett did not survive under Connecticut law (where Doolittle was domiciled), as Connecticut had no survival statute for such personal wrongs. As to Leete, the court held he was protected by process valid on its face, despite alleged grand jury mistakes. Both demurrers were sustained, dismissing the case.

Abstract

Plaintiff sued the executor of a deceased state's attorney's estate and an individual involved in extradition efforts for damages from wrongful arrest and imprisonment based on a baseless murder indictment and false representations. The court sustained the demurrer against the executor because the applicable law lacked a survival statute for such personal torts, and sustained the demurrer against the other defendant due to protection from process valid on its face despite alleged grand jury errors. The case was dismissed.

Opinion of the court

Majority
opinion
TOWNSEND, District Judge
  • Survival of actions is governed by law of decedent's domicile (Connecticut), which did not allow survival for personal wrongs.
  • Officer serving process is protected if process is valid on its face, regardless of grand jury errors.

Legal categories

Criminal

Case record

Full case name
WHITTEN v. BENNETT et al.
Court
Circuit Court, D. Connecticut
Decided
Opinion author
TOWNSEND, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
TOWNSEND, District Judge

Issues & holdings

Holdings of the court

Survival of action against executor
The action does not survive against the executor Bennett because the law of Connecticut (where decedent Doolittle was domiciled) governs, and Connecticut had no statute providing for survival of such actions at the time.
The law of the jurisdiction within which the decedent was domiciled at death determines the nature and extent of remedy for personal wrongs. Connecticut common law did not allow survival of actions for personal wrongs unless valuable fruits were carried into the estate, citing Mitchell v. Hotchkiss and Payne's Appeal.
unanimousbinding precedent
Liability of officer under process
Defendant Leete is not liable for serving the process because it was valid on its face and based on a proper indictment appearing of record, protecting him from liability for grand jury mistakes.
An officer serving process should not be required to inquire into grand jury mistakes when the process is regular in form and the record shows a proper indictment.
unanimousbinding precedent

Timeline

6
Events
26,690
Days, incident to ruling
—
Span
rulingcited in opinion

Circuit Court sustained both demurrers, dismissing the action against defendants Bennett and Leete.

Outcome: Demurrers sustained

Final disposition of the case.

Survival of action against executorLiability of officer under process
TOWNSEND, District Judge Circuit Court, D. Connecticut trial court
factual eventcited in opinion

Tilton E. Doolittle, as state's attorney, drew an indictment charging Whitten and Lee with second-degree murder, allegedly without evidence for Whitten.

Outcome: Indictment drawn

Basis for subsequent arrest and alleged wrongful acts.

Survival of action against executorLiability of officer under process
Tilton E. Doolittle · George E. Whitten · J. Edward Lee New Haven, Connecticut not applicable
factual eventcited in opinion

Grand jury mistakenly endorsed indictment as 'A true bill' against Whitten due to clerical error, despite Doolittle's instructions to ignore Whitten.

Outcome: Indictment mistakenly found

Led to issuance of process for Whitten's arrest.

Liability of officer under process
Grand jury New Haven, Connecticut not applicable
factual eventcited in opinion

Doolittle obtained a requisition and sent Leete to bring Whitten from Massachusetts to Connecticut.

Outcome: Requisition issued

Initiated Whitten's arrest and extradition.

Liability of officer under process
Tilton E. Doolittle · John R. Leete Connecticut and Massachusetts not applicable
factual eventcited in opinion

Leete falsely represented to Massachusetts authorities that Whitten was charged with first-degree murder to prevent bail and habeas corpus.

Outcome: Whitten denied bail and habeas corpus

Caused Whitten's imprisonment and alleged damages.

Liability of officer under process
John R. Leete · Marshal and keeper of Newton police station Newton, Massachusetts not applicable
factual eventcited in opinion

Whitten was arrested in Newton, Massachusetts, imprisoned, and suffered various damages including loss of income and reputation.

Outcome: Whitten imprisoned and harmed

Basis for damages claim.

Survival of action against executor
George E. Whitten Newton, Massachusetts not applicable

Facts & evidence

Incident

Location
New Haven, Connecticut and Newton, Massachusetts

Key facts

7 facts
  1. Tilton E. Doolittle, as state's attorney for New Haven county, Connecticut, drew an indictment charging plaintiff George E. Whitten and J. Edward Lee with second-degree murder.
  2. Doolittle allegedly knew he had no evidence to support the indictment against Whitten and instructed the grand jury to ignore Whitten's connection if they found probable cause against Lee.
  3. The grand jury mistakenly endorsed the indictment as 'A true bill' against Whitten due to clerical error.
  4. Doolittle obtained a requisition and sent defendant John R. Leete to bring Whitten from Massachusetts to Connecticut.
  5. Leete allegedly falsely represented to Massachusetts authorities that Whitten was charged with first-degree murder (non-bailable) to prevent bail and habeas corpus.
  6. Whitten was arrested in Newton, Massachusetts, imprisoned, suffered indignity, mental pain, loss of income, legal expenses, and injury to his reputation and surgical practice.
  7. Whitten seeks $100,000 in damages.

Disputed questions

  • Whether the indictment was void due to grand jury mistake.
  • Whether Doolittle's actions were within his duties as state's attorney.
  • Whether Leete's actions were protected by valid process.

Procedural history

3 steps
  1. Plaintiff filed a complaint against defendants Bennett (executor) and Leete.
  2. Defendants demurred to the complaint on various grounds.
  3. The court considered the demurrers and issued this opinion.

Objects of relevance

Indictment document endorsed 'A true bill'Requisition papers for extradition

Policy considerations

  • Protection of officers relying on facially valid process to ensure efficient law enforcement.
  • Consistency in applying domicile law for survival of actions to avoid forum shopping.

Authorities

Cited authorities (3)

Mitchell v. Hotchkiss, 48 Conn. 9
followedprecedent
Cited for Connecticut common law rule that personal wrongs do not survive against executor unless fruits benefit estate.
at 16
Payne's Appeal, 65 Conn. 397
followedprecedent
Cited alongside Mitchell v. Hotchkiss for same Connecticut rule on survival of actions.
at 408, 32 Atl. 948, 952
Hegerich v. Keddie, 99 N. Y. 258
citedpersuasive
Cited as additional authority on survival of actions, though from New York.
at 1 N. E. 787

Statutes

  • Massachusetts statute on survival of actions for false imprisonment
  • Connecticut common law on survival of actions (no statute cited)

Standards & doctrines

  • Conflict of laws doctrine for survival of actions
  • Officer immunity doctrine for facially valid process

Legal principles applied

  • Conflict of laws: domicile governs survival of actions
  • Process valid on its face protects serving officer from liability

Notable quotes

“The law of the jurisdiction within which the decedent was thus domiciled determines the nature and extent of the remedy for such wrongs.”
TOWNSEND, District Judge — Discussing survival of action against executor Bennett.
Establishes conflict of laws principle for survival of actions.
“The officer serving the process ought not to be obliged to inquire whether the grand jury made a mistake in doing what they did.”
TOWNSEND, District Judge — Discussing liability of defendant Leete.
Protects officers acting under facially valid process.
Index terms75
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Entities and documentation
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Action type
dismissed
Target
Complaint against defendants Bennett and Leete
Context
Court sustained both demurrers, effectively dismissing the action for failure to state a cause of action that survives or establishes liability.
Scope
full
Disposition vote
unanimous
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