Can I file a Civil Case 4 Slander after the completion of my EEOC Summary Judgement

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Epiphany01

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Hello to One and All

Question: At present time I am awaiting a Summary Judgement Decision on my EEOC case the Moving party has file a motion for Summary Judgement in Aug2012, I responded to the Motion for Summary Judgement Oct 2012. As of Feb2013 it has been well 6months thus far and counting.

What I wanted to know is Can I file a Civil action or motion for Slander, Defamation and or Libel against certain individuals involved in my EEOC case. For example Doctors and a nurse that were employed at my former employer?
 
Hi Proserpina thank you for your reply
First off I have undisputed evidence that one doctor and nurse have lied
Example
I was accused of being involve in a incident on Federal government property (VA hospital property) and later action was taken against me by the VA institution.
I was sent a certified letter from said VA facility of which the incident occurred and my private medical veteran patient record was Flagged in a negative light.

I provided a computer generated home phone log showing I was never at the facility on the day in question of said incident. Furthermore I reported this information to my VA advocate and this individual attempted to appeal to the VA Counsel members on 2 separate occasions who initiated this medical flag and to no avail the flag was not removed
this medical flag was imposed on my medical record for 2yrs.

Now it is under-review by an EEOC Administrative Judge (hence the awaiting of Summary Judgement) I am 100% confident that upon review it will show that the day in question it would have been in possible for me to be at the VA facility and at home on my land line in short can't be at 2 places at the same time hence why I wanted to pursue further legal action against said individuals.

Keeping in mind that false accusation doesn't stop there. There other issues in dispute as well
 
Proserpina why hasn't anyone responded to my question. Example you asked For What Reason I haven't heard back from you since or anyone did I phrase my question wrong??
 
There are a few things to consider.

1. A phone log doesn't prove anything except that phone calls were made/received at a particular address/number.

2. Defamation suits are notoriously difficult to litigate. Attorneys do not take these cases on a contingency basis, so that means you'd have to fund the lawsuit yourself - and you're talking about several years, and tens of thousands of dollars.

3. Finally, you haven't shown that you've suffered tangible damages.
 
Proserpina

Tangible damages hmmm would proof of lost income qualify as tangible damages. Okay on the phone log ordeal but, what about if I had a document from said Doctor Exactly a typed up certified letter sent from the Doctor's themselves accusing me of being involved in a incident of which I was never there or a party of.

Keeping in mind the summary judgement I am presently awaiting. Surely I could use that document in itself as part of my Defamation case?
 
Hi Proserpina

I should have ask this question 1st can lost of income be consider Tangible. Stupid me looked up tangible and if am not mistake but it refer to items that can be seen, touch and or view as personal property so am wondering if financial income would fall in that category of Tangible
 
Epiphany01 said:
Proserpina

Tangible damages hmmm would proof of lost income qualify as tangible damages. Okay on the phone log ordeal but, what about if I had a document from said Doctor Exactly a typed up certified letter sent from the Doctor's themselves accusing me of being involved in a incident of which I was never there or a party of.

Keeping in mind the summary judgement I am presently awaiting. Surely I could use that document in itself as part of my Defamation case?
Click to expand...


You haven't given nearly enough information to comment.

Again, if you think you have a viable defamation case, be prepared to spend a LOT of your own time and money in the hopes of getting a judgment.

(And getting the judgment is the easy part - collecting on it is another thing entirely)
 
By the way - medical record "flags" CANNOT by law be removed.

They can be corrected - but they remain part of your record.
 
Again Proserpina a thousand and one thank yous you may have saved me some major grief. I didn't know that medical record "flags" can be corrected.
I did know that once a flag is placed it can never be removed but now you just told me something I didn't know it can be corrected.

And that defamation issue again thank you. Going thru EEOC and still awaiting for a Summary Judgement Response. Its only been a little over 6months but my EEOC case is fast approaching 2 years come this april
 
I do wish you luck!

I don't honestly think you have a viable defamation suit, but you should absolutely try and have the record amended.
 
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