not enough clarity
Lawabider wrote:Since the official report was released to the public record a few days later and was not our version of the events, our family made the record straight as to what our version was since the original version was altered. We submitted these statements as "supplemental police statements" to be added to the official report. We were basically correcting the reporting officer's report that he wrote in his own words. 10 months later I submitted a recall petition based on my version amended to the police report. The petition said that this public official should be recalled because while being a public official she assaulted and battered my elderly 77 yr old mother. The petition wording was approved by a panel of 3 elected officials of this county. I was sued 6 weeks later for "well over 25,000. in the amount in controversy and 1 million in damages.
You still don't give enough facts for the sake of clarity. Specifically, what alleged defamatory statements did you make and to whom did you make these alleged defamatory statement to? Even if you think your statements to the police were privileged, who else did you tell? You don't say what happened with your attempt to have the official recalled. Did you circulate the petition around the community and obtain the necessary signatures to secure a recall election?
Accusing someone of a crime is defamatory. Even though you accuse the official of assault and battery upon your elderly mother, the public official simply opened a door and your mother was standing behind it. Is that a crime? The public official was never prosecuted for assault and battery, was she?
This is what happens when you want to feud. It escalates.
You can research "privilege" as a defense to a defamation claim. But, you ought to know that privilege does not extend beyond the limited purpose for which it is granted. You are being sued--you only have a limited time to respond (usually only 20 days after service of the summons)--you need to consult a lawyer ASAP.