Cassidy v. Cain
| Decision Date | 05 November 1969 |
| Docket Number | No. 669,No. 2,669,2 |
| Citation | 19 Ind.Dec. 168,145 Ind.App. 581,251 N.E.2d 852 |
| Parties | , 39 A.L.R.3d 465 Hugh E. CASSIDY, Appellant, v. Edward J. CAIN, Kenneth J. Thomas, Robert G. Corns, Donald W. Conners, H_ _ R. Garton, whose true and Christian name is unknown to appellant, Richard E. Stuller, D. R. Reed, Appellees. A 97 |
| Court | Indiana Appellate Court |
Henry A. Hoover South Bend, George T. Patton, South Bend, for appellant.
John T. Mulvihill, Thomas L. Murray, Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, for appellees.
The Plaintiff-Appellant, Hugh E. Cassidy, filed his Complaint in two legal paragraphs on August 23, 1963. The essential allegations of Paragraph I are:
'Plaintiff complains of defendants, jointly and severally, and for his first legal paragraph of complaint, alleges and states:
1. That on the 25th day of August, 1960, and for many years prior thereto and continuously from said date to the date of the filing of this Complaint, the plaintiff was a doctor of optometry registered and certified by the Indiana State Board of Registration and Examination in Optometry, an administrative board of the state of Indiana, to practice optometry within the state of Indiana.
2. That on the 25th day of August, 1960, the plaintiff applied to the Clerk of Lake County, Indiana for a license to practice optometry within Lake County, Indiana, and thereafter on said date plaintiff was issued a license to practice optometry within Lake County, Indiana by the Clerk of Lake County, Indiana.
3. That subsequent to the issuance of such license, the plaintiff engaged in the practice of optometry in the City of Gary, county of Lake, state of Indiana, from on or about the 25th day of August, 1960 to on or about the 6th day of September, 1961.
4. That on or about the 19th day of November, 1960, the defendants maliciously and wilfully conspired and confederated to secure the revocation of plaintiff's said certificate and license to practice optometry, to accuse him of the comission of crimes, to deprive him of his means of livelihood, to force him to leave Lake County, Indiana wherein he was engaged in the practice of optometry, to impugn his professional abilities, to bring him into public disgrace, and otherwise to injure his reputation and professional standing.
5. That on or about the 25th day of December, 1960, as a part of the said conspiracy and confederation of the defendants against the plaintiff, a proceeding was commenced and prosecuted against the plaintiff upon the petition of defendant Kenneth J. Thomas before the Indiana State Board of Registration and Examination in Optometry, entitled Kenneth J. Thomas, Chairman of the Ethics Committee of the Northwest Indiana Optometric Society of the Indiana Optometric Association, Inc. vs. Hugh E. Cassidy, in which said proceeding the plaintiff was charged with the commission of crimes, the unlawful practice of optometry, and unprofessional conduct in his practice of optometry, and which said proceeding sought the revocation by the Indiana State Board of Registration and Examination in Optometry of the plaintiff's said certificate and license to practice optometry.
6. That the Indiana State Board of Registration and Examination in Optometry heard the proceeding to revoke the plaintiff's said certificate and license to practice optometry and found the plaintiff guilty of each and every allegation made against him by defendant Kenneth J. Thomas, and on the 16th day of February, 1961 the said state board on the basis of its findings against the plaintiff of guilty as charged ordered and determined that plaintiff's said certificate and license to practice optometry should be and were suspended for a period of six (6) months from and after such date.
7. That the plaintiff thereafter filed a petition before the Circuit Court of Lake County, Indiana for judicial review of the said order and determination of the Indiana State Board of Registration and Examination in Optometry, which judicial review terminated with a judgment by such court sustaining the action of the state board in suspending the plaintiff's said certificate and license to practice optometry for a period of six (6) months.
8. That plaintiff thereafter appealed such judgment of the Circuit Court of Lake County, Indiana to the Supreme Court of Indiana, which appeal terminated with a decision of the Supreme Court of Indiana, filed on the 26th day of June, 1963, reversing the judgment of the Circuit Court of Lake County, Indiana as being contrary to law and further ordered the Circuit Court of Lake County, Indiana to enter judgment for plaintiff and against the Indiana State Board of Registration and Examination of Optometry and against Kenneth J. Thomas, Chairman of the Ethics Committee of the Northwest Indiana Optometric Society of the Indiana Optometric Association, Inc.
9. That in furtherance of their said conspiracy and confederation against the plaintiff, the defendants committed or caused the commission of the following acts, to-wit:
a. That the defendants maliciously and without probable cause were responsible for the insitution, prosecution and continuation of the said proceeding to secure the revocation of the plaintiff's said certificate and license.
b. That defendant Edward J. Cain and defendant Donald W. Conners sat as members of the Indiana State Board of Registration and Examination in Optometry and heard and determined the guilt of the plaintiff as raised and presented by the said proceeding, and subsequent to such hearing and determination joined in the order of said state board suspending the plaintiff's said certificate and license to practice optometry.
c. That defendant H___ F. Garton, although a member of the Northwest Indiana Optometric Society of the Indiana Optometric Association, Inc., the petitioner formally seeking revocation of plaintiff's said certificate and license by the said proceeding, sat as a member of the Indiana State Board of Registration and Examination in Optometry and heard and determined the guilt of the plaintiff as raised and presented by the said proceeding, and subsequent to such hearing and determination joined in the order of said state board suspending the plaintiff's said certificate and license to practice optometry.
d. That defendant Robert G. Corns, also a member of the Northwest Indiana Optometric Society of the Indiana Optometric Association, Inc., the petitioner formally seeking revocation of plaintiff's said certificate and license to practice optometry, as well as an appointed member of the Indiana State Board of Registration and Examination in Optometry, actively participated in the hearing and prosecution of the said proceeding over the objection of the plaintiff after having previously testified therein as a witness against the plaintiff, despite his announced intention not to sit as a member of the said state board in judgment of the charges levied against the plaintiff in the said proceeding.
10. That the plaintiff was compelled to and did become liable for the payment of large sums of money for attorney fees and other expenses in making his defense to the said proceedings instituted, prosecuted and continued by the defendants and in the pursuit of his appeals to and through the Supreme Court of Indiana.
11. That in consequence of the said proceedings instituted, prosecuted and continued by the defendants, the facts, details and testimony elicited in said proceedings before the Indiana State Board of Registration and Examination in Optometry and the resulting suspension of his said certificate and license to practice optometry by said state board and the fact and details of the subsequent proceedings before the Circuit Court of Lake County, Indiana and the Supreme Court of Indiana were published in several newspapers through the state of Indiana, and the plaintiff was thereby humiliated, forced to abandon his residence and said practice of optometry in Lake County, Indiana, and his reputation and professional standing were otherwise injured and damaged.'
Paragraph II alleged:
'For his second legal paragraph of complaint against the defendants, jointly and severally, the plaintiff alleges and states:
1. That the plaintiff herein incorporates by reference rhetorical paragraphs numbered 1, 2, 3, 4, 5, 6, 7, and 8 of the first legal paragraph of his complaint.
2. That in furtherance of their said conspiracy and confederation against the plaintiff, the defendants committed or caused the commission of the following acts, to-wit:
a. That the defendants maliciously and without probable cause were responsible for the institution, prosecution and continuation of the said proceeding to secure the revocation of the plaintiff's said certificate and license.
b. That defendant Edward J. Cain and defendant Donald W. Conners sat as members of the Indiana State Board of Registration and Examination in Optometry and heard and determined the guilt of the plaintiff as raised and presented by the said proceeding, and subsequent to such hearing and determination joined in the order of said state board suspending the plaintiff's said certificate and license to practice optometry.
c. That defendant H___ F. Garton, although a member of the Northwest Indiana Optometric Society of the Indiana Optometric Association, Inc., the petitioner formally seeking revocation of plaintiff's said certificate and license by the said proceeding, sat as a member of the Indiana State Board of Registration and Examination in Optometry and heard and determined the guilt of the plaintiff as raised and presented by the said proceeding, and subsequent to such hearing and determination joined in the order of said state board suspending the plaintiff's said certificate and license to practice optometry.
d. That defendant Robert G. Corns, also a...
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