Defamation of character

[otter]

A brief prelude. My wife and I got into an argument a couple of weeks ago and I was charged with domestic violence (assault), for pushing my wife to the couch.
She pushed me first but the officer did not even listen to my side. My wife did not want to press charges nor did she file a restraining order.

I have never been arrested before and was released on my own recognizant. I returned to our home that very night. I did not resist arrest but was less than cooperative with the officer at the station. "I didn't feel I should be arrested". I was manhandled by the officer and the cuffs were secured to the point where my circulation was cut off and my hands were turning blue. When I was done getting booked I filed a complaint against the officer. I also took pics of my wrists the next day as they were badly bruised.

I have a very good job. The officer called my place of employment and told my supervisor about this incident. He added some embellishment's that have smeared my reputation at work. He stated my wifes shirt was torn,"not true". He stated my wifes neck was red, insuating that I had choked her,"not true". He didn't say I was being investigated for these allegations, he said they happened.

One year ago I called 911 when my then girlfriend, now wife, got intoxicated and was out of control. She wanted to take her car and I wouldn't let her. She was taken to the hospital that night for a panic attack.

The officer told my supervisor about this incident and said "this has happened before", never once checking the facts. He stated my wife called the police, when in fact, I called them.

I have been to my first court appearence with my wife and I have pleaded not guilty. I expect the charges to be dropped on my second appearence, or at the very least held without prosecution for six months if ther are no further incidents. I will probably not except that and will request a trial if the charges are not dropped.

The officers blatant lies to my supervisor have damaged my reputation at work. He clearly contacted my employment out of spite and I want to persue a defamation of character lawsuit against him. Just looking for some feedback.

otter

 

[Rathi]

U did post this to the general public ya know... SOOO I can say whatever I want.. lol

Regardless if you broke the law in your mind, I think there was something passed, that if a case of domestic violence is called to 911, and the police investigate it at all, (show up), basically... Someone is goin' to jail for the night. Covers the police force or whoever, getting sued for someone really harming the person that called 'em up in the first place, after they leave. (if they leave,you, in this case.
U really should understand, that law is law, and police enforce it. I know there are different cases, and times for arguing, but most times, it's not when an officer is there to arrest you.


Regardless of my ranting... I do think you should have a case against the officer in question. Past employer's aren't even allowed to comment on your work ethic, quality of work, etc. or they can be hit with def. of character.....
Health Care industry is really interested in privacy of patients atm. Passing HiPPa to protect privacy of those in hospitals, for whatever reason.. I can't see why the police shouldn't have some kind of standards for this as well.

There was no reason, imo, for the officer to contact your workplace at all. I would take a small guess, that you're in a town of small size, and the officer maybe knows your supervisor, or the person he spoke to???

I gotta add too m8... just cuz I'm a redneck...

Do unto others as you'd have them do unto you.

 

[otter]

defamation

The officer did not know my supervisor, and I live in a fairly large town. He went out of his way to contact my employer and slander my name. As I stated above, the officer lied to my employer about what happened.

I have a very good job. The officer called my place of employment and told my supervisor about this incident. He added some embellishment's that have smeared my reputation at work. He stated my wifes shirt was torn,"not true". He stated my wifes neck was red, insuating that I had choked her,"not true". He didn't say I was being investigated for these allegations, he said they happened.

He also said I was investigated at an earlier date for the same offense and the police squashed it. This happened in another district and I in fact was the one who contacted the authorities, not my wife. A blatantly false lie on the part of this officer.

I believe I have an extremely strong case of "slander"-Defamation of Character.

otter

 

[Rathi]

I would have to agree..... Where's the law dawgs in here when ya need 'em!!!!!!!

 

[Michael Wechsler]

From reading what you wrote, I'm not sure that defamation is your strongest case since, for the most part, what he reported was true. That said, there are other remedies that may be available to you. However, I must first ask you whether the police officer called your boss in an official capacity as a police officer -- from what you say it seems so since you state he didn't know your boss. In such an instance, there are several tort theories (intent to cause emotional distress) and possibly others. Why do you think this police officer would go out of his way to do what he did?

That said, just because you may be acquitted of the charges does not mean that what occurred did not happen. Best example is OJ... just because he was acquitted doesn't mean that he may not have done in Nicole... although we do know he is searching for the real killers.

Originally posted by otter
A brief prelude. My wife and I got into an argument a couple of weeks ago and I was charged with domestic violence (assault), for pushing my wife to the couch.
She pushed me first but the officer did not even listen to my side. My wife did not want to press charges nor did she file a restraining order.

I have never been arrested before and was released on my own recognizant. I returned to our home that very night. I did not resist arrest but was less than cooperative with the officer at the station. "I didn't feel I should be arrested". I was manhandled by the officer and the cuffs were secured to the point where my circulation was cut off and my hands were turning blue. When I was done getting booked I filed a complaint against the officer. I also took pics of my wrists the next day as they were badly bruised.

I have a very good job. The officer called my place of employment and told my supervisor about this incident. He added some embellishment's that have smeared my reputation at work. He stated my wifes shirt was torn,"not true". He stated my wifes neck was red, insuating that I had choked her,"not true". He didn't say I was being investigated for these allegations, he said they happened.

One year ago I called 911 when my then girlfriend, now wife, got intoxicated and was out of control. She wanted to take her car and I wouldn't let her. She was taken to the hospital that night for a panic attack.

The officer told my supervisor about this incident and said "this has happened before", never once checking the facts. He stated my wife called the police, when in fact, I called them.

I have been to my first court appearence with my wife and I have pleaded not guilty. I expect the charges to be dropped on my second appearence, or at the very least held without prosecution for six months if ther are no further incidents. I will probably not except that and will request a trial if the charges are not dropped.

The officers blatant lies to my supervisor have damaged my reputation at work. He clearly contacted my employment out of spite and I want to persue a defamation of character lawsuit against him. Just looking for some feedback.

otter

 

[otter]

defamation

I must first ask you whether the police officer called your boss in an official capacity as a police officer -- from what you say it seems so since you state he didn't know your boss. In such an instance, there are several tort theories (intent to cause emotional distress) and possibly others. Why do you think this police officer would go out of his way to do what he did?

He called my office in an official capacity. He advised my supervisor of the charge filed. Most of what he told my supervisor did not happen and was not in the police report, i.e my wifes torn shirt, i.e this has happened before and the police squashed it.

I believe he called my office as a direct result of my filing a complaint against him for excessive force.

I'm meeting with the Internal Affairs officer on Tue and I plan on telling her what this officer did. As far as I know they are not aware he called my place of employment, and I'm pretty sure this is not standard procedure for the Police Dept. I'm not going there without a lawyer.

Any other advisement you could give me would be greatly appreciated. TIA

otter

 

[Michael Wechsler]

Re: defamation

It would seem to me that you may have a case against the police department, which are deeper pockets than an individual and an attorney might take the case on a contingency basis. That said, I'm not sure whether this is would be considered conduct beyond the scope of duty which might govern liability of the police department and another issue entirely. The real issue is what are the damages here and I'm not sure what that might be and might not amount to much. I would let internal affairs do as much of the talking as possible and beware of their usual tactics (you'll realize they will try to goad you into speaking more than you should.) If they don't offer resolve then it's time to take greater action and you can always voice politely your dissatisfaction with a slap on the wrist since this has created a real problem of comfort in your job.

Originally posted by otter
I must first ask you whether the police officer called your boss in an official capacity as a police officer -- from what you say it seems so since you state he didn't know your boss. In such an instance, there are several tort theories (intent to cause emotional distress) and possibly others. Why do you think this police officer would go out of his way to do what he did?

He called my office in an official capacity. He advised my supervisor of the charge filed. Most of what he told my supervisor did not happen and was not in the police report, i.e my wifes torn shirt, i.e this has happened before and the police squashed it.

I believe he called my office as a direct result of my filing a complaint against him for excessive force.

I'm meeting with the Internal Affairs officer on Tue and I plan on telling her what this officer did. As far as I know they are not aware he called my place of employment, and I'm pretty sure this is not standard procedure for the Police Dept. I'm not going there without a lawyer.

Any other advisement you could give me would be greatly appreciated. TIA

otter