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JordanSammi

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Hello everyone. This is long, for that I apologize but I need to give you a history too. My question is does anyone think I have grounds for a civil lawsuit for negligent emotional distress, false arrest, defamation, slader, libel or even intentional emotional distress. Thank you for you opinions!! I have changed all names.
 
Marie was always prying and over-stepping her boundaries. When she came to our house she would re-arrange things, throw out food she thought was bad for us, tell us what we're doing wrong, etc. When Andrew was a few weeks old in 2006 we had to live with her for a month. She would get up in the middle of the night when he was crying and take him out of my arms and feed him etc. Neither my husband nor myself knew how to deal with any of this so we decided to go to LCSW Montell. We stayed in counseling from 2007 to 2011. Almost all of our sessions were about Marie. The invasive behavior of Marie became so constant and it seemed like it would never end until I left Edward. I did separate from Edward from February 2009 until May 2009.

James who was about six in 2007 told us that she lets him swim in the lake by himself because there were other kids there watching him. I started asking him what else he is allowed to do alone. He said he waits in the car with Andrew while she goes grocery shopping; he can walk around campground by himself because "he's smart and knows how to get back to grandma's camper". So Edward decides to tell her that she can't do these things and that she needs to keep a better eye on the kids and never leave them alone. We think she listens but she doesn't. One day she decides to tell me that she left Andrew in the car alone ( James was in school) but she left the heat on for him (car running) and was only in the drugstore for five minutes to get diapers and wipes. I filed a report with CPS in May of 2011 regarding this specific incident. After that Edward tells her that she cannot take kids alone and she will have to see them when we have time to bring them over. There were other safety concerns we brought to her attention that she never corrected. For example, she didn't have a gate at the top of two flights of stairs and there was a towel under a large heavy tv that was easy to pull down. Both things Marie would not correct.

LCSW Montell decides we should bring Marie to a counseling session one week so we can let her know that her behavior is very invasive.

When she sees our therapist Montell on 1/17/10 with us she says that she just left Andrew in the car for a minute. She tells Montell that I spend too much time sleeping, watching tv and not Andrew. Montell explains that Andrew is not her child and leaving him in the car alone is not acceptable. She will not accept that she put Andrew in danger because "it was only for a minute". Montell feels that Marie has a toxic enmeshment with my husband and that she has narcissistic personality disorder and Montell was surprised that Marie hasn't been institutionalized yet. Montell thinks that Marie's behavior is going to get worse.

On one occasion Marie shows up at our door in hysterics while I am the only one home. I let her in and she's crying about wanting to take the kids.

On another occasion she comes over and I hear her saying to James "why did you tell your mom I leave you alone and let you swim in the lake by yourself. Now you're not going to be able to come over anymore, and this weekend I'm going camping and you cant go because you told your mom everything and now she's not going to let you." I told my husband what she said and he said she's probably mad at you so she's directing towards James. He calls her and she denies it all.

Montell suggests to Edward that he tells his mother we all want some space from her and that she gets a therapist in the mean time. Things escalate dramatically from then on.

Marie writes emails saying how it's all me manipulating him to ask for a break and that I'm a _____ and he can't seem to see it. She says that I'm nasty and vicious to her (never have been and even my husband told her not true), she says I'm mentally ill and needs help, that he is brainwashed by me, I have transformed him, that she will tell the kids when they're older that I kept them apart. She also said that she believes I have the devil inside me and that I need to stopped and punished by God and she can't wait for the day something bad happens to me for all the pain I'm causing her, and that karma is going to get me.

Edward asks Marie not to contact him. He emails her to get a counselor and after some time we'll re-visit this situation and come to an agreement as to when she can see and talk to kids once and awhile. She sends him an email that says "you don't love me you don't even f*****g know me".

For the next few months Marie calls Edward ever other day, stops by his morning job at a bar, texts him, calls his other family members to get them to call him and convince him to talk to her etc. She writes him letters in the mail, sends religious cards and drops off gifts at our doorstep. She says to friends and family that she's praying all the time for his eyes to be open about me and that I get what's coming to me. He emails her to tell her to stop showing up places, emailing, mailing gifts and letters and to give him space but she doesn't. Her phone numbers get blocked from his phone and she calls from family members phones, cell phones of her friends and her work phone lines.

A few days later she writes in an email that if there is time before we move to FL that she is filing paperwork to take us to court to try to get grandparents rights.

At some point in May 2011 I get a phone call from Officer ____ asking me to come down to the station in regards to an incident involving Marie. I retain Attorney ______ and she sends the cop a letter requesting that he correspond through her. My thoughts are she was trying to stall move by having me arrested, you cannot re-locate or move during an open charge. Then she would have time file for grandparent visitation time.

Edwards's father, Kenneth, who has been divorced from Marie since Edward was two years old calls Edward and asks him to come to his house June 13th. 2011 around 7:00 pm alone to talk. What Edward didn't know was that his mother Marie showed up a few days prior on Kenneth's doorstep in histrionics. Marie tells Kenneth that Edward won't talk to her and has blocked her phone numbers and emails. She asks Kenneth to set up Edward to come over and she will be waiting for him. So Edward decides to go to Kenneth's house on June 13th, 2011. When he walks in Marie is sitting there with Kenneth and Kenneth's girlfriend. She proceeds to tell him how he's blind about me, how she can drop charges if we let her see the kids and work things out with her. Edward stays for three hours.

We decide to move and want to have a small outdoor wedding ceremony so our families can see us wed before we move away. I didn't want Marie there since she's not supportive of our relationship anymore, and I'm worried she will cause a scene. Our wedding day comes and she shows up and causes a scene. I call the police and when she sees them she leaves the park and waits in the parking lot and starts talking to my Aunt about me.

On July 14th 2011 I go out to my car to go to a dentist appointment and Marie is sitting in her car next to mine. Edward's large work truck is not in our driveway. I don't know how long she was there but I get in my car and leave and call Edward at work. He calls her and asks her to leave.

We make the move to FL on July 16th, 2011. On July 17th, 2011 I am issued a FL state driver's license with my parent's address on it where we all are living. For the next five months she calls from other phones and continues to email.

In March 2011 and October 2011 Marie repeatedly posts pictures of my children on her facebook social media page with comments on how she crashed our wedding and stole the only opportunity she had to see the children. Edward and I had her pictures removed by the facebook safety center. However, every time she would just post them back up again. This went on 19 times. 19 times facebook safety center removed the photos and Marie would just post them back up. Eventually facebook revoked her picture posting privileges due to consistently breaking the privacy rules. Please see attached emails from facebook safety center.

On October 17th 2011 Marie receives a no-contact request letter that we wrote up and had notarized in Florida .

After a few months living in FL is not working out so we decide to move back to CT. I was terrified of Marie at that point. I moved back to CT on December 28th, 2011. Please see bank statement showing plane ticket purchase. February 18th, 2012 a deputy from FL Police Department shows up at my parent's house, which is also the address on my FL issued driver's license. I retain Attorney____________

Ever since Edward told her he wanted space from her she freaked out. Montell and I believe she is trying to do everything she can to ruin our relationship because she believes that I am in the way of her seeing her grandson. She feels like I have been trying to hurt her and also using the kids to hurt her.

On February 21, 2012 Marie sends Edward a text message saying how she's sorry. Edward tells he she will not hear his voice ever again. She sends a text message back that says " ur choice dave u guys can't hurt me anymore!! my trust is in god..luv u.."

I went to the police department and turned myself in on February 22, 2012. I was held in a cell for over an hour. Officer _____ tells me that it would be in my best interest to give him a statement or the courts are only going to have Marie's side of the story. I politely declined. He asks me to tell him what Edward sent in a text message to his mom. I told Officer _____ that he should ask Edward himself. He then says that if Edward texts his mom anything threatening that he will be charged with intimidating a witness and tampering with police evidence. Officer ______ comes outside to talk to Edward and tells Edward that Marie left a voicemail for him saying that she was scared of him.

Marie told the police that I had no permission to be in her AOL email account or facebook and that I created the email address "l____17@yahoo.com" to lock her out of her facebook account. She also alleges that I sent her her own AOL emails in the mail.

The truth is I had authorization by Marie to access her AOL and facebook account and authorization to add on the "l____17" email to her facebook account. The "l____17" account was created on April 28, 2011 and Marie was locked out of her facebook account on May 28, 2011. The email address "l___17" was created to aid her in posting pictures to her facebook because her AOL email address was not allowed to post photos. It was not created to lock her out of her account 30 days later.
 
I seen nasty emails she wrote about me in her AOL account when I was asked to print out some other sent emails. When I confronted her she did not ask me why was I in her email. She asked me to print them out and show her. When I went into her email to do that many of the emails were already deleted so I could not print all of them out. Marie came over I gave her the emails and she immediately left in hysterics. I did not mail her any conversations through the post office. Marie's facebook account was disabled due to her multiple violations of posting pictures that she was not authorized to do. Please refer to the attached paperwork reflecting Marie's repeated violations of Facebook terms. Additionally, please refer to the attached paperwork on facebook's Rights and Responsibilities stating that multiple violations of posting other people's intellectual property (i.e. photos) will result in your account being disabled. Marie is angry, upset and embarrassed that I seen the nasty emails she wrote about me in her sent items and decided to say I had no permission to be in her aol account. She continued it further to say I also had no permission to be in her facebook account either.

I plead not guilty to the charges as they have been fabricated to extort me so I will write up a visitation agreement for Marie and my children.

On February 23, 2011 my mother receives an email from marie. Marie tells my mother that she is sorry for this mess and insinuating that she can help me out of my charges that she says are four serious felony charges, since she is the victim if I admit to the charges and take responsibility for what I have done. She goes on to tell my mother that I have done things to hurt her, and that I have used the kids to hurt her. She states she wants to talk to my mother but not in writing. She gives my mother her phone numbers and tells my mother that she hopes to hear from her and that we (my husband and I) will not talk to her. At the end of her email she states, "have been praying like crazy for a very long time. I believe this is all happening for a reason." The email is as follows:



"T_____,

I felt I needed to reach out to you. I want you to know 1st I am sorry about this mess. I went to police last Summer because Someone by the name of _______ was sending me nasty e-mails claiming to be your daughters best friend. Their was a sex add that went up on craigs list for sexual massage with my #. Needless to say my phone was buzzing every min. with photos of men wanting to get together with me. I was very Shackin!!! I don't want to make this a long e-mail I just want you to know that I went to police because I was Frightened and didn't know this person or what she was capable of. Imagine how I feel learning that their is no lee porter and this turned out to be all of your daughters doing. I don't hate her I want to help her and as the victim I believe I can. But hears the thing, Of course once again this is all my fault instead of anyone taking responsibility for their own actions. I have received a txt from my son saying I'd be lucky if I ever hear his voice again. I would love to talk to you but not by e-mail. If you would talk with me. This is serious believe she is being charged with 4 felony charges. I have never intentionally gone out of my way to hurt your daughter. Although she has done many things to intentionally hurt me. Some illegal and Some not. (with the kids). I forgive her behavior I am worried for her and the family. My son the kids.. I want to help!! they won't talk to me. I'm hoping you will. I hope to hear from you if not I understand. I do have a bible study tonight and will be leaving my house alittle b4 6. I am free tomorrow night if you wish to call me ________ or on my cell ____. I am putting my Trust in GOD threw all of this.. Have been praying like crazy for a very long time. I believe this is all happening for a reason.. God Bless, Sincerely, Marie"




1. Please note that in the press release on Department of Public Safety website that it states there was an investigation involving me from May 2011 until August 2011 and that upon hearing I was involved in an investigation in May 2011 I decided to flee to FL. This is untrue because in December 2010 Edward was pre-approved for a mortgage in FL and the appraisal was conducted on the house for purchase on January 6th, 2011 and in February 2011 I purchased our one-way tickets for our move in FL scheduled for July 2011. Please see attached mortgage paperwork and bank statements reflecting this purchase. Also in that press release it states upon hearing about my CT warrant I returned to CT. This is false because I purchased our one-way tickets back to CT from FL on October 14th, 2011 for a December 28th, 2011 flight. Please see attached bank statements reflecting this purchase. FL's Sheriff's department in didn't notify my parents about my warrant until February 18th, 2011, in which I was already back in CT.
 
part 2 or 3

PROOF OF EMOTIONAL STRESS

Emotional Distress is defined by Evan K. Aidman, Attorney at Law in his legal survival guide 2nd edition as: the mental reaction (anguish, grief, fright) to another person's actions.

In 2010 I was diagnosed with Generalized Anxiety Disorder. Edward discovers an ulcer in August of 2011 and the doctors tell him it's stress related. From 2010 until now my blood pressure fluctuates from 170/110 to 140/110. Early 2010 I was prescribed Buspirone and klonopin due to extreme levels of anxiety and frequent anxiety attacks. November 2011 I was prescribed Trazadone to help her sleep because she was experiencing nightmares almost nightly about Marie showing up places and fighting/arguing with me. In January of 2012 Edward is prescribed Paxil due to his anxiety. March 2012 I was prescribed Lexapro for anxiety, Diamox due to stress induced hypertension and Dexilant for gastrological issues from stress.

In the Civil Jury Instructions 3.12-2 it states: "There are three elements that the plaintiff must prove for a finding of negligent infliction of emotional distress: 1) the defendant engaged in conduct that the defendant should have realized involved an unreasonable risk of causing emotional distress and that that distress, if caused, might result in illness or bodily injury; 2) that the conduct caused emotional distress to the plaintiff; and 3) the distress was of such a nature as might result in illness or bodily harm.

Civil Jury Instructions 3.12-2 also states "As to the first element, that is, that the defendant engaged in conduct that the defendant should have realized involved an unreasonable risk of causing emotional distress and that that distress, if it were caused, might result in illness or bodily injury, the plaintiff need not prove that the defendant intended to cause any harm or distress to the plaintiff but only that the defendant should have known that it was likely that a reasonable person under the circumstances would be distressed by the conduct and that that distress might result in bodily injury. As to the second and third elements, you must determine whether the plaintiff actually experienced fear or distress, and if so, whether the fear or distress was experienced by the plaintiff was reasonable in light of the conduct of the defendant. If you that it was reasonable for the plaintiff to experience distress in light of the conduct of the defendant, then the plaintiff is entitled to prevail and you can go on to consider damages."

Marie was made aware that her behavior was causing stress, medical issues and spousal problems.

When LCSW Montell invited Marie to our counseling session with us and explained to her that her behavior and conduct was unhealthy, stressful and causing problems. She continued her distressing behavior regardless.

Edward told Marie that she was causing him a lot of stress several times and that he can't take it anymore. He also told her in writing that she was causing a strain in the relationship between himself and I because they were arguing about her behavior. She continued her distressing behavior regardless.

In August 2011 Edward disclosed to Marie that he had discovered an ulcer that was not present in his endoscopy that was performed in January 2011 and that the doctors told him it was stress induced. She continued her distressing behavior regardless.

In September 2011 Edward disclosed to Marie that he needs to be stress free since he will be entering into a chemo-like treatment program and his doctor said to try to eliminate any unnecessary stress. She continued her distressing behavior regardless.

Before the harassment by Marie I was in good health physically and mentally. I was never on any medications, did not have hypertension, anxiety attacks, generalized anxiety disorder, was not in therapy or had any legal problems. I have no history of physical, mental, sexual abuse, substance abuse, alcoholism and growing up had a happy intact fully functional childhood home. I have never had any social or physical problems or any traumatic events in my life as a child, young adult or adult.

The criminal investigation and malicious prosecution that Marie fabricated has caused anxiety for me. marie's attempts to extort her for visitation of the children has caused anxiety for me.Marie filing a petition for visitation of the children has caused anxiety for me. I do not want my children around Marie because of the past safety concerns and lack of concern for the children's safety that Marie has displayed. The fear of future malicious and harassing conduct by my husband and I is causing distress.

I have all my medical and mental health records from 2009-2012 where there is documented proof of nightmares about Marie's behavior, anxiety attacks, hypertension, digestive disorders and a general fear of the future conduct of Marie. The doctor's and mental health providers that have documented knowledge are as followed: Montell LCSW, Dr. K____ primary care physician, S_____LMFT, Dr. S_____ and her colleagues at ______ which is a mental health community, Dr A____ primary care physician, The ____ Hospital, a Comprehensive Behavioral Health facility, The ____'s, an adult mental health facility and E____ a LMFT.

The emotional distress suffered by me was so severe that I have sought psychiatric treatment many times and the distress is so sever that "no reasonable person could be expected to endure it", specifically noted by Dr.s______ at ____. Dr.s_____ reports that I am very stressed caused by Marie's behavior, which includes nightmares, meltdowns, inability to sleep, becoming increasingly moody and depressed. Dr.S_____ has also noted that the relationship between my husband and I may not be able withstand the conduct of Marie.

My mother has witnessed my vocal nightmares and my close friends have noticed that I am increasingly withdrawn from them and increasingly stressed out. Particularly my friends: C____, J______ and A____.

On March 13, 2011, after a day in criminal court, my husband witnessed me in a mental meltdown that lasted a half hour. This was a severe, intense anxiety attack that was reported to Dr. S_____ and is a direct result of the malicious criminal investigation Marie has fabricated on me for extortion.

In ______________ book it states "the knowledge of the victim's vulnerability or susceptibility makes it reasonably foreseeable that severe emotional distress would result from the defendant's conduct." Marie was told by Audra in November 2009 when they we're at _____ while I was cleaning that my doctor had prescribed her the anti- anxiety drug Kolonopin because she was beginning to show early signs of anxiety. This proves element one in the jury instructions on negligent emotional distress. In other words Marie knew I was experiencing mild anxiety and she should have been able to foresee that her conduct that followed would cause me to develop severe anxiety. Marie also was told by Edwards that she is causing him so much stress that he cant deal with it anymore and he developed an ulcer. She continued her distressing behavior regardless.

I am seeking damages due to the fact that I was falsely accused of criminal activity in order to extort me into giving Marie legal visitation of my children and the fact that Marie has written a defamatory email statement to my mother about me stating I have done bad things to her legally and illegally. I am also seeking damages regarding Marie's persistent attempts to contact my husband and I, pattern of misbehavior that has occurred and may occur in the future and my inability to enjoy life and feel free of concern of Marie's past, present and future actions and/or retaliatory criminal and family lawsuits (i.e. filing for grandparent visitation). I am suffering from emotional distress, anxiety, depression, fear, gastrological issues and hypertension from the persistent misbehavior, false arrest, extortion, bond and attorney's fees. The fees of the latter have caused my husband and I to go into economical distress. i am visiting the local food pantry once a week and I am receiving government insurance and energy assistance for heating and hot water costs.

In conclusion the three elements to find negligent infliction of emotional distress is clearly defined and supported in this case and punitive damages are sought.

WHAT DO YOU ALL THINK? DO I HAVE ANY TYPE OF CASE?
 
I think that you have completely misunderstood what this forum is for if you think anyone is going to read all that.
 
I read another post where someone said "I can't give you any advice because I don't have all the details" Didn't want that to happen with my post.

I have nothing to lose if no one reads it all
 
Just so you understand: A message board cannot give you an indepth answer - nor can a message board give you anything but an general opinion based on law. You CANNOT get actual legal advice on a message board - only general legal information.
 
Ok. I wasn't asking for "legal advice" per se, I was pretty much asking for opinions and opinion-based adivce. That's what I meant by the sentence: "WHAT DO YOU ALL THINK? DO I HAVE ANY TYPE OF CASE?"

A yes or a no answer would be fine.
 
I'm sure as heck not going to read that.

OP - pare that down to bare minimum.

What offense/slight do you think was committed and how have you been damaged?
 
JordanSammi said:
Ok. I wasn't asking for "legal advice" per se, I was pretty much asking for opinions and opinion-based adivce. That's what I meant by the sentence: "WHAT DO YOU ALL THINK? DO I HAVE ANY TYPE OF CASE?"

A yes or a no answer would be fine.
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IIED lawsuits are very hard to bring.

You must show damages, greater than hurt feelings or a bruised ego.

Generally, I'd say you have NO case.

I suggest you move on and make the BEST life for yourself that you can!!!
 
Thanks Army Judge. So the anxiety attacks, depression, fear, gastrological issues, high blood presure and nightmares might not be considered "damages" that are great enough?
 
JordanSammi said:
Thanks Army Judge. So the anxiety attacks, depression, fear, gastrological issues, high blood presure and nightmares might not be considered "damages" that are great enough?
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Hard to say, I'm not the judge that would hear your case.
But, your problem would be proving that those medical and/or emotional issues were brought on by the actions of the person you allege.
And, even if you could prove it, how did that cause you to suffer those symptoms?
The chances of anyone prevailing in these types of lawsuits, miniscule.
Life is complex, and some negativity is to be expected IF you choose to interact with others.
The classic example is getting jostled in a crowd at a big event, like Mardi Gras.
If you get jostled and pushed to the ground and injured, who is responsible for those injuries?
Generally, YOU!
Why?
You knew (or should have known)the risks associated with your actions.
Again, I see no cause of action in your case, on which you can recover a nickel.
Can you sue?
Sure, anyone can sue anyone they want.
But, as far as recovery, I see none in this case.
 
army judge said:
But, your problem would be proving that those medical and/or emotional issues were brought on by the actions of the person you allege.

I have 2 mental health doctors saying that these symptoms are a direct result of her misbehavior. Her misbahvior as in contanst calling, showing up places, criminal accusations resulting in my aresst and now I have to fight her to not get visitation of my children. I also have NO history of anxiety/medical problems prior to this 9 month situation with this woman.

Is that irrelevant?
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JordanSammi said:
army judge said:
But, your problem would be proving that those medical and/or emotional issues were brought on by the actions of the person you allege.

I have 2 mental health doctors saying that these symptoms are a direct result of her misbehavior. Her misbahvior as in contanst calling, showing up places, criminal accusations resulting in my aresst and now I have to fight her to not get visitation of my children. I also have NO history of anxiety/medical problems prior to this 9 month situation with this woman.

Is that irrelevant?
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There you go again, drawing legal conclusions.

I never used the word "irrelevant", that is a legal conclusion.

Again, I see no cause of action.

Besides, if you brought a lawsuit, how do you propose to get the physician's finding into the record?

You'd have to subpoena him or her, and that ain't easy in a small claims case.

Evem IF you did bring the suit and prevailed, how do you propose to get paid?

You won't walk out of court with a check, only a paper saying X owes you money!

Then you have to collect that money from X.

If X isn't wealthy, that is almost impossible.

I suggest, again, that you move on and make a great life for yourself.

Forget this nonsense and move on!
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"X" is very wealthy. How does someone "prove" negligent emotional distress? How does anyone win either a IIED or a NIED case, generally speaking?
 
You are not paying attention to AJ are you! Its his opinion (and mine) a legal action will be fruitless and probably cause even further stress. What you need to do is find a way to move on. If you check your PMs I gave a you a source for relief of your emotional issues
 
You created most of the problems you claim to be suffering from. You should have written the whack job off and stayed away years ago. Now you are suffering the outcome of your poor choice. Can you say DRAMA!!! Had you refused to play games years ago, it would not have escalated the way it has.
 
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