Foti, J.
The plaintiff appeals from the trial court’s
denial of his motion to set aside the verdict and for a new trial. The plaintiff claims that the trial court erred (1) in depriving him of a fair trial, (2) in permitting the defendants to cross-examine him with respect to two prior misdemeanor convictions, (3) in refusing to permit him to amend his complaint during the trial, (4) in failing to instruct the jury as requested, and (5) in other evidentiary rulings regarding damages. We find no error.1
[8]*8On November 5, 1985, the plaintiff instituted the present action for malicious prosecution against the three defendants, Debra M. Young, Lori Golab and Kim Billian, who are siblings. The court, with the consent of the parties, referred the matter to a state trial referee for a jury trial. On November 26, 1986, the jury returned a verdict in favor of the defendants, which was accepted by the trial court.
The jury could reasonably have found the following facts. The plaintiff and the defendant Young have joint custody of their son who was five years old on April 14, 1984. On that date, while his son was visiting the plaintiff, the defendants went to the plaintiff’s home. A dispute arose among the parties and, as a result, the defendants claimed that the plaintiff assaulted the defendant Billian. In response to a telephone call made by one of the defendants, the police arrived, took statements from the parties, and arrested the plaintiff for assault in the third degree in violation of General Statutes § 53a-61. In October, 1984, after a three day jury trial, at which the defendants testified, the plaintiff was found not guilty. Thereafter, the plaintiff brought the present action to recover damages against the defendants for malicious prosecution.
I
The plaintiffs first claim is that he was deprived of a fair trial by comments made to him by the trial court in the jury’s presence. He claims that these comments demonstrate that the trial court was biased against him because of his status as a pro se litigant.
We note initially that the plaintiff did not properly preserve this claim of judicial bias in that he did not move for a mistrial or disqualification of the trial judge. “As a general rule, even in cases alleging judicial bias, this court will not consider the issue on appeal where the party failed to make the proper motion for disqualification at trial. Practice Book § 4185; Cameron [9]*9v. Cameron, [187 Conn. 163, 168, 444 A.2d 915 (1982)]; Trapp v. Trapp, 6 Conn. App. 143, 145, 503 A.2d 1187 (1986); Logical Communications, Inc. v. Morgan Management Corporation, 4 Conn. App. 669, 670, 496 A.2d 239 (1985).” Barca v. Barca, 15 Conn. App. 604, 607, 546 A.2d 887 (1988). Failure to request recusal or move for a mistrial can be construed as the functional equivalent of consenting to the judge’s presiding over the trial. Timm v. Timm, 195 Conn. 202, 205, 487 A.2d 191 (1985).
Although the plaintiff did not properly preserve his claim, because he represented himself during the trial and on appeal, we have reviewed the record to determine whether the plaintiff’s claim has any merit. See Rodriguez v. Mallory Battery Co., 188 Conn. 145, 149, 448 A.2d 829 (1982). We conclude that it does not. “Although we will not entirely disregard our rules of practice, we do give great latitude to pro se litigants in order that justice may both be done and be seen to be done. Cersosimo v. Cersosimo, 188 Conn. 385, 393, 449 A.2d 1026 (1982); LaBow v. LaBow, 13 Conn. App. 330, 336, 537 A.2d 157 (1988).” Cugini v. Cugini, 13 Conn. App. 632, 634, 538 A.2d 1060 (1988).
In support of his claim that the trial court’s conduct was biased against him and denied him a right to a fair trial, the plaintiff points to a number of instances in the transcript where the trial court made comments or “admonished” him in the presence of the jury in a manner that, he maintains, unjustly prejudiced him in the jury’s eyes because of his status as a pro se litigant.2 [10]*10In addition, he claims that the court never advised the jury to disregard such admonishments made by the court to the plaintiff with regard to any procedural rulings or other conduct.3
[11]*11A trial judge, as a minister of justice, should be both cautious and circumspect in his language and conduct and should conduct a trial with the highest degree of impartiality. Barca v. Barca, supra, 606.4 “ ‘A judge . . . should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.’ . . . The trial judge should be the exemplar of dignity and impartiality. United States v. Cruz, 455 F.2d 184, 185 (2d Cir.), cert. denied, 406 U.S. 918, 92 S. Ct. 1769, 32 L. Ed. 2d 117 (1972).” Swenson v. Dittner, 183 Conn. 289, 297, 439 A.2d 334 (1981). The trial court is responsible for maintaining a calm demeanor and the decorum of the courtroom. State v. Gordon, 197 Conn. 413, 425, 504 A.2d 1020 (1985). In this vein, the court should not make comments indicative of favor; LaBow v. LaBow, supra, 334; and should “ ‘refrain at all times from indulging in any improper remarks that may injure a litigant in the eyes of the jury.’ Felix v. Hall-Brooke Sanitarium, 140 Conn. 496, 502, 101 A.2d 500 (1953).” Stone v. Bastarache, 188 Conn. 201, 206, 449 A.2d 142 (1982). “ ‘Not every departure from the norm, however, is reversible error. Prejudice to the unsuccessful party, or at least the possibility of it, must appear to have occurred before this court will be justified in depriving the successful party of the result of the litigation which, so far as it was affected by his actions, he has obtained by fair means.’ ” Loda v. H.K. Sargeant & Associates, Inc., 188 Conn. 69, 86, 448 A.2d 812 (1982), quoting Felix v. Hall-Brooke Sanitarium, supra. [12]*12“The controlling standard is whether a reasonable person who is aware of all the circumstances surrounding the judicial proceeding would question the judge’s impartiality.” LaBow v. LaBow, supra.
The plaintiff’s claim of judicial bias relates to his status as a pro se litigant. Where a party appears pro se, as he has every right to do, his rights and claim should “ ‘receive the same consideration as if he had been represented by an attorney.’ Martin v. Martin, 188 Neb. 393, 397, 197 N.W.2d 388 (1972).” Cersosimo v. Cersosimo, supra, 394. Our courts attempt to be “solicitous of the rights of pro se litigants and . .
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Foti, J.
The plaintiff appeals from the trial court’s
denial of his motion to set aside the verdict and for a new trial. The plaintiff claims that the trial court erred (1) in depriving him of a fair trial, (2) in permitting the defendants to cross-examine him with respect to two prior misdemeanor convictions, (3) in refusing to permit him to amend his complaint during the trial, (4) in failing to instruct the jury as requested, and (5) in other evidentiary rulings regarding damages. We find no error.1
[8]*8On November 5, 1985, the plaintiff instituted the present action for malicious prosecution against the three defendants, Debra M. Young, Lori Golab and Kim Billian, who are siblings. The court, with the consent of the parties, referred the matter to a state trial referee for a jury trial. On November 26, 1986, the jury returned a verdict in favor of the defendants, which was accepted by the trial court.
The jury could reasonably have found the following facts. The plaintiff and the defendant Young have joint custody of their son who was five years old on April 14, 1984. On that date, while his son was visiting the plaintiff, the defendants went to the plaintiff’s home. A dispute arose among the parties and, as a result, the defendants claimed that the plaintiff assaulted the defendant Billian. In response to a telephone call made by one of the defendants, the police arrived, took statements from the parties, and arrested the plaintiff for assault in the third degree in violation of General Statutes § 53a-61. In October, 1984, after a three day jury trial, at which the defendants testified, the plaintiff was found not guilty. Thereafter, the plaintiff brought the present action to recover damages against the defendants for malicious prosecution.
I
The plaintiffs first claim is that he was deprived of a fair trial by comments made to him by the trial court in the jury’s presence. He claims that these comments demonstrate that the trial court was biased against him because of his status as a pro se litigant.
We note initially that the plaintiff did not properly preserve this claim of judicial bias in that he did not move for a mistrial or disqualification of the trial judge. “As a general rule, even in cases alleging judicial bias, this court will not consider the issue on appeal where the party failed to make the proper motion for disqualification at trial. Practice Book § 4185; Cameron [9]*9v. Cameron, [187 Conn. 163, 168, 444 A.2d 915 (1982)]; Trapp v. Trapp, 6 Conn. App. 143, 145, 503 A.2d 1187 (1986); Logical Communications, Inc. v. Morgan Management Corporation, 4 Conn. App. 669, 670, 496 A.2d 239 (1985).” Barca v. Barca, 15 Conn. App. 604, 607, 546 A.2d 887 (1988). Failure to request recusal or move for a mistrial can be construed as the functional equivalent of consenting to the judge’s presiding over the trial. Timm v. Timm, 195 Conn. 202, 205, 487 A.2d 191 (1985).
Although the plaintiff did not properly preserve his claim, because he represented himself during the trial and on appeal, we have reviewed the record to determine whether the plaintiff’s claim has any merit. See Rodriguez v. Mallory Battery Co., 188 Conn. 145, 149, 448 A.2d 829 (1982). We conclude that it does not. “Although we will not entirely disregard our rules of practice, we do give great latitude to pro se litigants in order that justice may both be done and be seen to be done. Cersosimo v. Cersosimo, 188 Conn. 385, 393, 449 A.2d 1026 (1982); LaBow v. LaBow, 13 Conn. App. 330, 336, 537 A.2d 157 (1988).” Cugini v. Cugini, 13 Conn. App. 632, 634, 538 A.2d 1060 (1988).
In support of his claim that the trial court’s conduct was biased against him and denied him a right to a fair trial, the plaintiff points to a number of instances in the transcript where the trial court made comments or “admonished” him in the presence of the jury in a manner that, he maintains, unjustly prejudiced him in the jury’s eyes because of his status as a pro se litigant.2 [10]*10In addition, he claims that the court never advised the jury to disregard such admonishments made by the court to the plaintiff with regard to any procedural rulings or other conduct.3
[11]*11A trial judge, as a minister of justice, should be both cautious and circumspect in his language and conduct and should conduct a trial with the highest degree of impartiality. Barca v. Barca, supra, 606.4 “ ‘A judge . . . should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.’ . . . The trial judge should be the exemplar of dignity and impartiality. United States v. Cruz, 455 F.2d 184, 185 (2d Cir.), cert. denied, 406 U.S. 918, 92 S. Ct. 1769, 32 L. Ed. 2d 117 (1972).” Swenson v. Dittner, 183 Conn. 289, 297, 439 A.2d 334 (1981). The trial court is responsible for maintaining a calm demeanor and the decorum of the courtroom. State v. Gordon, 197 Conn. 413, 425, 504 A.2d 1020 (1985). In this vein, the court should not make comments indicative of favor; LaBow v. LaBow, supra, 334; and should “ ‘refrain at all times from indulging in any improper remarks that may injure a litigant in the eyes of the jury.’ Felix v. Hall-Brooke Sanitarium, 140 Conn. 496, 502, 101 A.2d 500 (1953).” Stone v. Bastarache, 188 Conn. 201, 206, 449 A.2d 142 (1982). “ ‘Not every departure from the norm, however, is reversible error. Prejudice to the unsuccessful party, or at least the possibility of it, must appear to have occurred before this court will be justified in depriving the successful party of the result of the litigation which, so far as it was affected by his actions, he has obtained by fair means.’ ” Loda v. H.K. Sargeant & Associates, Inc., 188 Conn. 69, 86, 448 A.2d 812 (1982), quoting Felix v. Hall-Brooke Sanitarium, supra. [12]*12“The controlling standard is whether a reasonable person who is aware of all the circumstances surrounding the judicial proceeding would question the judge’s impartiality.” LaBow v. LaBow, supra.
The plaintiff’s claim of judicial bias relates to his status as a pro se litigant. Where a party appears pro se, as he has every right to do, his rights and claim should “ ‘receive the same consideration as if he had been represented by an attorney.’ Martin v. Martin, 188 Neb. 393, 397, 197 N.W.2d 388 (1972).” Cersosimo v. Cersosimo, supra, 394. Our courts attempt to be “solicitous of the rights of pro se litigants and . . . will endeavor to see that such a litigant shall have the opportunity to have his case fully and fairly heard . . . .” Conservation Commission v. Price, 193 Conn. 414, 421 n.4, 479 A.2d 187 (1984). Although we are lenient to parties who represent themselves, such leniency should not be invoked as to affect adversely the other parties’ rights. LaBow v. LaBow, supra, 336. Furthermore, we will not wholly disregard our rules of practice, “adherence to which is necessary in order that the parties may know their rights and in order that the real issues in controversy may be presented and determined.” Rodriguez v. Mallory Battery Co., supra, 150 n.8.
Our review of the record indicates that although the trial court was mindful of the plaintiff’s status as a pro se litigant, its action and rulings did not demonstrate bias. Rather, the transcript indicates the court’s attempt to conduct the trial in a fair manner in order to protect the rights of all parties.
The trial court is permitted to take those steps necessary to ensure the orderly progress of the trial. LaBow v. LaBow, supra, 334. The transcript reveals that most of the comments by the court that the plaintiff finds objectionable related to proper procedure and the relevancy of certain evidence, or were made in response [13]*13to objections. The trial court’s comments did not indicate a personal negative view of the plaintiff’s claim; Stone v. Bastarache, supra; or its opinion as to the plaintiff’s truthfulness; id.; nor did it show any “actual animosity” toward the merits of the plaintiff’s case. State v. Gordon, supra, 426. In addition, the court cautioned the jury not to penalize the parties for its rulings and comments. Although the trial court at times demonstrated frustration and impatience with the plaintiff, we conclude that its statements were not adversarial but rather, were consistent with its role as an impartial arbiter, and did not deprive the plaintiff of a fair trial.
II
The plaintiff’s second claim is that the trial court erred in permitting the defendants to question him during cross-examination about two criminal misdemeanor convictions. The following facts are relevant to this issue. During cross-examination, the defendants asked the plaintiff about his work history. The plaintiff responded that he had “hardly worked at all” since April, 1982, and he voluntarily explained that he was unable to work as a result of two other arrests “precipitated” by the defendants. When the defendants queried further into this matter, the plaintiff explained that on two prior occasions involving the defendants he was falsely arrested but that those arrests did not result in convictions.5 When the defendants proceeded to [14]*14question the plaintiff further, the plaintiff objected. After a brief recess, the trial court permitted the defendants to impeach the plaintiff by questioning him about the two prior misdemeanor convictions. The scope of the defendants’ inquiry was limited to the fact that the plaintiff was convicted and the defendants did not elicit information related to the underlying details of the offenses.
As a general rule, misdemeanor convictions are not admissible to impeach a witness’ credibility. See General Statutes § 52-145; State v. McDermott, 190 Conn. 20, 25, 458 A.2d 689 (1983). In addition, judgments in criminal cases are not admissible in civil proceedings to prove the acts charged. Page v. Phehps, 108 Conn. 572, 588, 143 A. 890 (1928). Where, however, a party initiates testimony on a particular subject, which would ordinarily be inadmissible on other grounds, he is said to have “opened the door” to cross-examination by the adverse party on that subject. See State v. Graham, 200 Conn. 9,13, 509 A.2d 493 (1986). Under these cir[15]*15cumstances the court may, in its discretion, permit further inquiry into a subject where the initiating party has made “unfair use of the evidence.” Id. “This rule ‘operates to prevent a [party] from successfully excluding inadmissible . . . evidence and then selectively introducing pieces of the evidence for his own advantage, without allowing [the adverse party] to place the evidence in its proper context.’ ” Id., quoting United States v. Lum, 466 F. Sup. 328, 334 (D. Del. 1979).
We emphasize that it was the plaintiff and not the defendants who placed before the jury evidence of the plaintiff’s prior arrests. Moreover, the plaintiff introduced evidence of other arrests of his own volition and not in response to a particularized question by the defendants intended to elicit such evidence. By his own testimony, the plaintiff invited cross-examination by the defendants to correct both the record and the false impression given to the trier of fact. Because the plaintiff initiated the discussion into his prior convictions, he cannot now be heard to complain that it caused him an injustice. If a litigant chooses this course, he should be obliged to suffer the consequences of his indiscreet testimony. Accordingly, the trial court did not abuse its discretion in permitting the defendants to cross-examine the plaintiff with respect to his prior convictions.6
[16]*16III
The plaintiff next claims that the trial court erred in failing to grant his motion to amend his complaint [17]*17during the trial to add a paragraph alleging deprivation of his constitutional rights and a claim for punitive damages in his prayer for relief.7 The court denied the motion, finding that the amendment constituted a new cause of action and was, therefore, untimely and inappropriate.
“ 'While our courts have been liberal in permitting amendments; Johnson v. Toscano, 144 Conn. 582, 587, 136 A.2d 341 (1957); this liberality has limitations. Amendments should be made seasonably. Factors to be considered in passing on a motion to amend are the length of delay, fairness to the opposing parties and the negligence, if any, of the party offering the amendment. Cummings v. General Motors Corporation, 146 Conn. 443, 449-50, 151 A.2d 884 (1959). The motion to amend is addressed to the trial court’s discretion which may be exercised to restrain the amendment of pleadings so far as necessary to prevent unreasonable [18]*18delay of the trial. Freccia v. Martin, 163 Conn. 160, 164, 302 A.2d 280 (1972).’ Beckman v. Jalich Homes, Inc., 190 Conn. 299, 302-303, 460 A.2d 448 (1983). . . . It is within the discretion of the trial court to grant or deny an amendment, and a decision to deny an amendment during a trial will not be disturbed unless there is a clear abuse of that discretion. Lawson v. Godfried, 181 Conn. 214, 216, 435 A.2d 15 (1980).” Farrell v. St. Vincent’s Hospital, 203 Conn. 554, 561-62, 525 A.2d 954 (1987). Our review of the record in this case and the plaintiff’s proposed amendment indicates that the court acted within its broad discretion in denying the plaintiff permission to amend his complaint during the trial.
IV
The plaintiff’s next claim is that the trial court erred in failing to charge the jury as he requested and that the charge as given misled the jury. In his request to charge, the plaintiff requested an instruction on false arrest or imprisonment. The plaintiff, when asked by the court what he considered to be his cause of action, replied: “There’s no title to this. This is whatever it says in the complaint.” On another occasion, the plaintiff admitted that his cause of action alleged malicious prosecution.8 The trial court denied the plaintiff’s request for an instruction on false imprisonment, and instructed the jury on the plaintiff’s complaint brought for a cause of action sounding in malicious prosecution.
[19]*19Although the plaintiff has a constitutional right to a jury trial on the cause of action alleged in his complaint; Conn. Const., art. I, § 19; Wochek v. Foley, 193 Conn. 582, 586, 477 A.2d 1015 (1984); he may not allege one cause of action and recover upon another. Web Press Services Corporation v. New London Motors, Inc., 203 Conn. 342, 359, 525 A.2d 57 (1987); Malone v. Steinberg, 138 Conn. 718, 721, 89 A.2d 213 (1952). We have reviewed the plaintiffs complaint and agree with the trial court that it alleges a cause of action for malicious prosecution and not false arrest or imprisonment. Accordingly, we conclude that the trial court correctly instructed the jury.
We reach this result after reviewing the plaintiffs complaint. “False imprisonment, or false arrest, is the unlawful restraint by one person of the physical liberty of another. Felix v. Hall-Brooke Sanitarium, [supra, 499].” Green v. Donroe, 186 Conn. 265, 267, 440 A.2d 973 (1982). False imprisonment is categorized as an intentional tort for which the remedy at common law was an action for trespass. Id., 268. “[I]n the case of a false imprisonment the detention must be wholly unlawful . . . .” McGann v. Allen, 105 Conn. 177, 188, 134 A. 810 (1926). To prevail on a claim of false imprisonment, the plaintiff must prove that his physical liberty has been restrained by the defendant and that the restraint was against his will, that is, that he did not consent to the restraint or acquiesce in it willingly.
“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 pur[20]*20pose other than that of bringing an offender to justice.” McHale v. W.B.S. Corporation, 187 Conn. 444, 447, 446 A.2d 815 (1982).
The distinction between malicious prosecution and false imprisonment has been described in the following manner. “Malicious prosecution is the groundless institution of criminal proceedings against the plaintiff. False imprisonment fell within the action of trespass, as a direct interference with the plaintiffs person, while malicious prosecution was regarded as more indirect, and the remedy for it was an action on the case. The distinction between the two lies in the existence of valid legal authority for the restraint imposed. If the defendant complies with the formal requirements of the law, as by swearing out a valid warrant, so that the arrest of the plaintiff is legally authorized, the court and its officers are not his agents to make the arrest, and their acts are those of the law and the state, and not to be imputed to him. He is therefore liable, if at all, only for a misuse of legal process to effect a valid arrest for an improper purpose. The action must be for malicious prosecution, upon proof of malice and want of probable cause, as well as termination of the proceeding in favor of the plaintiff. 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.
Because malicious prosecution and false arrest or imprisonment are separate and distinct causes of action, each must be pleaded by separate counts in a [21]*21complaint. Practice Book § 138;9 see Burns v. Koellmer, 11 Conn. App. 375, 387-88, 527 A.2d 1210 (1987); Gach v. Franolich, 10 Conn. App. 677, 681-82, 525 A.2d 525 (1987). The plaintiffs substitute complaint contains four counts. The second, third and fourth counts incorporate the first count and allege in each that the three defendants conspired with the other defendants to cause maliciously his false arrest and prosecution. The plaintiffs complaint alleged that he was arrested by the Middle-town police as a result of the defendants’ statements and filing of a complaint against him.10 Because the law is clear that a cause of action for false imprisonment cannot be sustained where the plaintiff’s arrest results from the defendants’ institution of and compliance with proper legal authority, the allegations of the plaintiff’s complaint are insufficient to set up a cause of action for false imprisonment. We conclude, therefore, that the trial court properly denied the plaintiff’s request for an instruction on false arrest, and correctly concluded that the plaintiff’s complaint alleged a claim of malicious prosecution.
[22]*22We now turn to that portion of the plaintiffs claim maintaining that the charge on malicious prosecution was misleading. We find no error.
“In determining whether the court erred in its charge to the jury, the charge must be read as a whole and the instructions claimed to be in error read in that context.” Giglio v. Hamilton Heights, Inc., 1 Conn. App. 165, 167, 469 A.2d 416 (1984), citing Matthews v. F.M.C. Corporation, 190 Conn. 700, 704, 462 A.2d 376 (1983) . The adequacy of the instructions must be determined in light of their overall impact on the jury. State v. Lenczyk, 1 Conn. App. 270, 271, 470 A.2d 1240 (1984) . The charge must be examined to determine whether it fairly presents a case to the jury. Ubysz v. DiPietro, 185 Conn. 47, 57, 440 A.2d 830 (1981).
We have reviewed the court’s instructions to the jury and conclude that it is not reasonably possible that the jurors were misled. The plaintiff was entitled to, and received, an instruction adequately suited to his claim of malicious prosecution as supported by the evidence he presented. See Grecki v. New Britain, 174 Conn. 200, 203, 384 A.2d 372 (1978); Mei v. Alterman Transport Lines, Inc. 159 Conn. 307, 313, 268 A.2d 639 (1970).
V
The plaintiff’s remaining claims challenge two evidentiary rulings by the court concerning the admissibility of certain evidence to establish damages. Because we have found no error on the plaintiff’s other claims and the jury returned a verdict for the defendants, thereby finding no liability, it is unnecessary for us to review the plaintiff’s claims of error as to damages.
There is no error.
In this opinion the other judges concurred.