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  #1  
Old 10-20-2009, 05:59 PM
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Defamation of Character


What is the name of your state (only U.S. law)?ar

14 year old son accused of contributing to the delinquency of another minor by adult and police officer. Neither where on the scene. we have been denied a copy of police report and now his character is tarnished by this. Can a suit be brought against these people?
  #2  
Old 10-20-2009, 06:00 PM
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Quote:
Originally Posted by Coolgranni View Post
What is the name of your state (only U.S. law)?ar

14 year old son accused of contributing to the delinquency of another minor by adult and police officer. Neither where on the scene. we have been denied a copy of police report and now his character is tarnished by this. Can a suit be brought against these people?
**A: yes, but do not expect to win.
  #3  
Old 10-20-2009, 11:34 PM
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Quote:
Originally Posted by Coolgranni View Post
What is the name of your state (only U.S. law)?ar

14 year old son accused of contributing to the delinquency of another minor by adult and police officer. Neither where on the scene. we have been denied a copy of police report and now his character is tarnished by this. Can a suit be brought against these people?
The 14-yr-old didn't have to be present to have influenced the other minor.

Just what is it that he is accused of doing? And how, financially, has this affront to his character affected him? Because if he isn't affected financially, chances are very slim of you getting a money award for the character assasination you are claiming.
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  #4  
Old 10-21-2009, 11:38 PM
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A defamation suit cannot be brought over what is said in a police report. Statements made to the police, and written up in a police report, are not considered true or false. They require investigation to determine the truth or falsity.

In addition, statements made to the police are covered by a qualified immunity from prosecution - this immunity to allow for people to report what they see, know or suspect without fear of being sued if they are mistaken.

What was said to the police by the adult about your son's contributing to the delinquency of a minor, therefore, needs to be investigated to determine if your son did, in fact, contribute to the delinquency of a minor. If an investigation shows that the claim has no merit, or there is no evidence to support the claim, then the matter will be dropped.
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