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Appellant case is posted on google but it was denied and I believe my wife and I are being defamed #

Discussion in 'Defamation, Libel & Slander' started by Hank M Stewart, Jan 14, 2021.

  1. Hank M Stewart

    Hank M Stewart Law Topic Starter New Member

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    Jurisdiction:
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    Hello, in 2007 our neighbor took us to court to get a restraining order and it was denied because the appellant court said they were not believable and did not provide any evidence. The case has been posted on google for the past 13 years and I believe it has defamed our reputation. Do I have any rights to have this removed? Is this legal? Can I post something in my defense? The case is.
    Sherburne County District Court
    Minnesota

    File No. C9-06-1572
     
  2. Zigner

    Zigner Well-Known Member

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    How does a case that you prevailed in defame you?
     
  3. Hank M Stewart

    Hank M Stewart Law Topic Starter New Member

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    If you look at the case it says all of the things that our neighbor lied about like pointing guns at them when we clearly didn’t and that is all people see when they open the web page. The courts opinion is at the bottom of the page. People don’t read that far down. They are just looking at the allegations I think. I am trying to post the document for you. Thanks
     
  4. Zigner

    Zigner Well-Known Member

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    I saw it already using the "file number" you gave. The document is clear that you prevailed. Also, it is a court filing. There is no defamation here. Furthermore, even if it were somehow definition (again, it's not), you are beyond the statute of limitations.
     
  5. Hank M Stewart

    Hank M Stewart Law Topic Starter New Member

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    One more question please, can I post anything in my defense? Like the fact that we prevailed? Can I use the court document in that response? Thanks
     
  6. zddoodah

    zddoodah Well-Known Member

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    Nothing is "posted on google." Google is a search engine.

    Applications for restraining orders in Minnesota are handled by the district courts, not by appellate courts (which is what I assume you intended with your reference to "appellant court."

    Since you made the unwise decision to use an actual name as your screen name, I googled (i.e., conducted a search using the Google search engine) that name and the county referenced in your post. The first result was for an "unpublished" opinion** posted at the mn.gov website. Apparently what happened was that someone sought a harassment restraining order against you in the district court, and the district court dismissed the petitioners' application. One of the petitioners then appealed that dismissal contending that the district court made a legal error by failing to consider her evidence in the light most favorable to her. The appellate court (not "appellant court") affirmed the district court's decision, holding that the district court is not required to consider the evidence in the light most favorable to her. Since a district court's decision to issue or not issue a harassment restraining order is reviewed under an abuse of discretion standard (the most difficult standard for an appellant to overcome), the appellate court had little difficulty affirming the district court's decision.

    ** - The term "unpublished opinion" is a bit of a misnomer since virtually every appellate court opinion is "published" in some manner. The term had a different meaning before the internet came into common use. Nowadays, "unpublished opinion" simply means that parties to subsequent cases are not generally allowed to cite the opinion as authority for arguments in their cases.

    That makes no sense. You won at the district court level and won at the appellate court level. No one with a reading comprehension level above that of a third grader could possibly read the appellate court's decision in a light that is negative toward you (and anyone who can't read that well wouldn't understand it anyway). Why do you believe that this "has defamed [your] reputation"?

    No. It's a public record.

    Yes.

    I don't know what "in my defense" means in this context or where you want to post something, but it's pretty easy to post stuff on the internet. If you're asking whether the State of Minnesota is obligated to allow you to post something on the mn.gov website, the answer is no.

    Uh...no. That's not "all people see when they open the web page." As I type this, I have the entire opinion open on my other screen. Also, the opinion does not say that your neighbor lied about anything. The "FACTS" section of the opinion contains a list of things your neighbor accused you of doing. The "DECISION" section essentially restates and cites authorities for the proposition that the district court did not err by not construing the evidence in the light most favorable to the petitioners/appellants. The worst thing the appellate court said was that, "with respect to some of the allegations in the petition, appellant failed to present any probative evidence." That's a far cry from saying that she lied (and, even if the appellate court had concluded that your neighbor lied, that would be damaging to her reputation, not yours).

    That some folks are insufficiently thorough and lack the mental ability to distinguish allegations from facts is irrelevant.

    Since the opinion lists your address, I suggest you not do that. In fact, I suggest you change your screen name and delete the case number from your original post (or ask a moderator to do so). You should also ask that the prior responses that have quotes with your current screen name be changed as well.

    The document already says that you prevailed -- at both levels of court.
     
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  7. adjusterjack

    adjusterjack Super Moderator

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    I googled Hank M Stewart sherburne county minnesota and the FIRST item that came up was the appellate court's decision.

    The THIRD item that came up, ironically, was THIS thread, in which you posted comments "in defense of yourself."

    So, you see, you have already done that, for the whole world to see.
     
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  8. welkin

    welkin Active Member

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    Anything that is written in a court opinion does not rise to defamation.
     

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