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DEFAMATION, LIBEL, SLANDER

 
 
Reply Wed 21 Jul, 2004 03:43 pm
A public elected official and another person committed a crime against a family member in front of me.
Some details, This public official was with her brother-in-law in his support. He was arrested and was to go on trial that morning for Malicious Destruction of my mothers property. (He was caught cutting a fence she put up on her property to keep him out.) He was also out on a "bond condition" not to have contact with my mother. The day before at 5pm my mother was informed by the prosecuting attorney that the case was going to be dismissed the next day and to not bother showing up at the court house. Since there was nothing in writing to the effect and we had summons to appear, we showed up anyway. (So the case wouldn't be dismissed because we didn't show up) Anyway we were talking with the Victim's Right Office secretary in her office when we heard the public official and her brother-in-law coming down the hall. My mother closed the door, then opened it poking her head out and informed them of a private meeting she was having. She then closed the door. The public official did not like this apparently and pushed the door in hitting my mother. (There is a 8" wide glass panel in the door so one can see to the other side. My mother was in full view of this public official.) I caught my mother and prevented her from falling over, then put my foot in front of the door to stop her aggression. Then the brother-in-law pushed on the door and hit my mother again. I was trying to hold the door until the office secretary motioned us to safety in another room where we escaped to just as they were bursting in. They were screaming hysterically at us. After they spoke with the secretary they left and we filed a complaint with the sheriff's dept next door. A warrant request was done but the reporting officer left out the public officials name from the report as a suspect. the warrant request was denied because: (My mother was at fault, she was TOLD not to be in (that day)! The State Police are currently investigating.
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. Should this go to federal court? I am a Michigan resident but have to move back to Florida as I couldn't find a job here. This I believe is "diversity jurisdiction." There also is something called the "public official doctrine." U S Supreme Court case upheld in Sullivan v NY Times that "a public official must prove that the person defaming them knew that they lied when they made the defamatory statement, and it was made with actual malice" I am telling the truth which is an absolute defense. Please don't tell me to get an attorney. I'm doing so. I am just looking for opinions and beliefs. Thank you.
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Type: Discussion • Score: 0 • Views: 1,170 • Replies: 4
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the reincarnation of suzy
 
  1  
Reply Wed 21 Jul, 2004 07:23 pm
You posted this before but with less detail, right?
It's outrageous. If I were you I'd take it all the way! It sounds to me as though this public official thinks she can do what she wants without repercussions. Screw that. Good luck to you.
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Debra Law
 
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Reply Wed 21 Jul, 2004 11:30 pm
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.
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jespah
 
  1  
Reply Thu 22 Jul, 2004 05:56 am
Get a lawyer and tell the story to him or her. Retaining an attorney is the only way that "opinions and beliefs" will actually mean anything for your case, which may or may not be viable.
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Lawabider
 
  1  
Reply Thu 12 Jan, 2006 10:47 pm
I won!!, the public official died after I submitted my brief to dismiss the case. The judge HAD to rule in my favor as a matter of law...but he stalled (saving himself the work) I believe he knew the public official was about to die of cancer. Why a person would sue someone on their death bed is beyond me and a last act of desperation by a sad, hateful, and spiteful person.
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