My next door neighbor is a county sheriff's deputy in another county. In a nice neighborhood where no other neighbor has RV's or vehicles anywhere but in the driveway, he is noisy and unsightly with every type of vehicle, on and off road, including a trailer parked right out our window, in his back yard, that is huge, unsightly and diminishes our property value. We've complained to the city, sheriff and sued after he trespassed and assaulted (no battery) my wife. He's harassed her with photo, stalking, radios, dogs, motorcycles, sports car revving, leaning out open, second story window in the dark, looking down at my wife when she went to our trash cans just to scare her (I got this on video) and on and on. If I file a complaint about off-duty bad behavior of a sheriff's deputy, will it constitute actionable defamation of character on my part? Can I accomplish this anomalously?
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Defamation of Character
- Thread Starter JSD_
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I'm not sure why you're posting this question on one of the employment law board but the answers are:
If I file a complaint about off-duty bad behavior of a sheriff's deputy, will it constitute actionable defamation of character on my part? No. You have the right to avail yourself of any established avenues to file a complaint or lawsuit.
Can I accomplish this anomalously? Since I have no idea where you plan to file this complaint and with who, it's impossible to say. Even if you can file a compliant anonymously, since you'd clearly have to provide specifics about the incidents I expect it wouldn't be too hard for your neighbor to figure out who made the complaint.
It sounds like your neighbor may be in violation of a number of local ordinances. I think you should consult with an attorney to discuss what those may be and what legal action you can take.
If I file a complaint about off-duty bad behavior of a sheriff's deputy, will it constitute actionable defamation of character on my part? No. You have the right to avail yourself of any established avenues to file a complaint or lawsuit.
Can I accomplish this anomalously? Since I have no idea where you plan to file this complaint and with who, it's impossible to say. Even if you can file a compliant anonymously, since you'd clearly have to provide specifics about the incidents I expect it wouldn't be too hard for your neighbor to figure out who made the complaint.
It sounds like your neighbor may be in violation of a number of local ordinances. I think you should consult with an attorney to discuss what those may be and what legal action you can take.
Where should I post defamation if I'm attacking an employee's ability to continue to work through a formal complaint? Hopefully, this bad apple will be fired.
O.K. So i can file a formal complaint with the County Sheriff and have no fear of being sued for defamation? In California, anybody can sue anybody for anything, no? I can prove the points of my complaint with evidence that includes photos, video, letters from the city and a signed handwritten contract to remove a nuisance dog he used to harass us. He was rejected in an application to the LAPD because a muni court suit I filed popped up. And the application's "neighbor interview" didn't go well.
Would the Sheriff investigate if he received copies ,mailed to him anonymously, of court filings in the next county against one of his deputies? Could it be proved that the documents came from me?
I've been all the way to the city attorney and everyone, effectively, refuses to enforce codes. My attorney wouldn't take any action against the city. When I suggested to my attorney, in mid-case, that we inform the Sheriff of his bad employee, he told me that we couldn't do that because it would be defamation of character. My family is being grossly harassed and my attorney says I can't tell the boss of a bad, "sworn police officer." I can't believe this. The county Sheriff's mission statement says every employee will behave honorably and ethically both on AND OFF DUTY.
There's the law and then there's real life.
THANK YOU.
O.K. So i can file a formal complaint with the County Sheriff and have no fear of being sued for defamation? In California, anybody can sue anybody for anything, no? I can prove the points of my complaint with evidence that includes photos, video, letters from the city and a signed handwritten contract to remove a nuisance dog he used to harass us. He was rejected in an application to the LAPD because a muni court suit I filed popped up. And the application's "neighbor interview" didn't go well.
Would the Sheriff investigate if he received copies ,mailed to him anonymously, of court filings in the next county against one of his deputies? Could it be proved that the documents came from me?
I've been all the way to the city attorney and everyone, effectively, refuses to enforce codes. My attorney wouldn't take any action against the city. When I suggested to my attorney, in mid-case, that we inform the Sheriff of his bad employee, he told me that we couldn't do that because it would be defamation of character. My family is being grossly harassed and my attorney says I can't tell the boss of a bad, "sworn police officer." I can't believe this. The county Sheriff's mission statement says every employee will behave honorably and ethically both on AND OFF DUTY.
There's the law and then there's real life.
THANK YOU.
A point. A "sworn police officer" is upset when the law is enforced against him. Are policemen above the law? Wouldn't a lawman KNOW the law and not break the law? We wrote letters to effect code enforcement against our new neighbor who turns out to be a deputy sheriff. He had a terrible reaction when the city enforced one or two minor ordinances against him. THANKS.
This is not an employment law issue. It's a matter of your neighbor possibly violating a number of city ordinances and being a nuisance. If no one will investigate or enforce municipal codes because your neighbor happens to be a member of the Sheriff's Department, that stinks but I don't know what to tell you. You may be able to take civil action against your neighbor but that's something your attorney will have to advise you about.
You might want to consult with another attorney.
When I suggested to my attorney, in mid-case, that we inform the Sheriff of his bad employee, he told me that we couldn't do that because it would be defamation of character. My family is being grossly harassed and my attorney says I can't tell the boss of a bad, "sworn police officer." Simply contacting the employer to tell them their employee is a world class jerk might amount to defamation. Contacting the Sheriff's Department to file a criminal complaint against your neighbor if you legitimately believe he is breaking the law is a different matter.
You might want to consult with another attorney.
When I suggested to my attorney, in mid-case, that we inform the Sheriff of his bad employee, he told me that we couldn't do that because it would be defamation of character. My family is being grossly harassed and my attorney says I can't tell the boss of a bad, "sworn police officer." Simply contacting the employer to tell them their employee is a world class jerk might amount to defamation. Contacting the Sheriff's Department to file a criminal complaint against your neighbor if you legitimately believe he is breaking the law is a different matter.
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