His allegation was supported by Cloutier's affidavit, which directly accused Jones and Dean of threatening and coercing him to accuse Smith falsely. Smith argued that Jones and Dean were motivated by a desire for retaliation — presumably, for Smith's complaint about them to Bender. The district judge, relying in part on Morreale v. De Zotell, 10 Mass. App. Ct. 281, 282-83, 406 N.E.2d 1311 (1980), ruled that Smith failed to allege facts showing that the disciplinary board acted without probable cause in finding him guilty. While true enough, in that the disciplinary board had only Cloutier's original, unsworn statement to Dean, and not his recantation, this does not compel the conclusion that the complaint failed to state a claim as to defendants Jones and Dean, the alleged conspirators. That Cloutier, and not Jones or Dean, signed the criminal complaint does not defeat Smith's malicious prosecution claim under Massachusetts law.
'" Bednarz v. Bednarz, 27 Mass.App.Ct. 668, 674 n. 1 (1989) (citations omitted); see also Morreale v. DeZotell, 10 Mass.App.Ct. 281, 282 (1980), citing Restatement (Second) Torts § 673, Comment on (b) and (c). Here, the parties dispute whether the compressors were "new" when sold to the Town, whether Fiske was aware of the facts contained in the Siebe contract, and whether Fiske's statement that he was "responsible for the actions of the company" was actually an admission of guilt.