slander or a unprofessional cop

[laumar1961]

my wife and kids and i live in the south end of louisville,KY.not far from or home is a neighborhood convienient store that i used to work in.while i was there,there was this police officer that had the hots for this cashier i worked with.he spent most of his shift in the store trying to get her to go out with him.he really didnt like me in there cramping his style.i got another job and left on good terms.not long after i left my wife and kids and i started hereing from the cashier the owner and neighborhood costumers every time we went around the store to buy cigs pops etc.that thisa cop and the police department was watching us very close.every one is asking us if were selling drugs or something.we do nhot sell or take drugs and are compleatly at a loss why he is telling people this.iv ran into him but he dosent say anything like that to my wife or me.i ask the owner for some part time work but he thought not because he didnt know what was going on after what this cop was saying.this is so humiliating for me and my wife.it makes us embarressed to shop there or go out in the neighborhood anymore.again im saying we dont do or sell drugs.is this legal?

[JETX]

Originally Posted by laumar1961

is this legal?

Legal?? Yes.
Actionable?? Unlikely.

Curious... How EXACTLY have you been damaged by what you think he has said about you??
What do you think are your approximate damages ($$) from what you think he has said?

[quincy]

Legal?? Perhaps no.
Actionable?? Possibly.

Reputational injury can be presumed when there are false accusations made of criminal acts, such as drug dealing or drug use. Damages can be awarded on this presumed injury.

Slander actions, however, can be problematic, as they require witness testimony. If the cashier, the owner of the store, and/or customers of the store have heard statements made by this officer that falsely state or imply that you use or sell drugs, and they are willing to testify to this, then you MAY have an action worth pursuing.

If the officer has good reason to believe you may be guilty of illegal drug use, though, and if the statements were made as part of an investigation into potential drug use or sales, that could be sufficient to defend against any defamation claim you consider.

In addition, without a good showing that reputational injury HAS resulted from the statements made by the officer, compensation for PRESUMED injury can make any lawsuit cost more than what could be awarded in damages.

[JETX]

Originally Posted by quincy

Reputational injury can be presumed when there are false accusations made of criminal acts, such as drug dealing or drug use. Damages can be awarded on this presumed injury.

Slander actions, however, can be problematic, as they require witness testimony. If the cashier, the owner of the store, and/or customers of the store have heard statements made by this officer that falsely state or imply that you use or sell drugs, and they are willing to testify to this, then you MAY have an action worth pursuing.

If the officer has good reason to believe you may be guilty of illegal drug use, though, and if the statements were made as part of an investigation into potential drug use or sales, that could be sufficient to defend against any defamation claim you consider.

In addition, without a good showing that reputational injury HAS resulted from the statements made by the officer, compensation for PRESUMED injury can make any lawsuit cost more than what could be awarded in damages.

What a pile of crap....

[longsally111]

excuse me, no expert here at all, but no one can go around telling people you are using and selling drugs and it cost you the ability to get a job!!!!! I would go to this cops bosses first and then, I would think you have a case.

[quincy]

How is this crap, JetX?

Please support your one line contention that what I posted was wrong with proof that you are right - that it is always legal for someone, even an officer, to falsely state or imply to another or others that a person is a drug user or seller, and that such statements are unlikely to be actionable.

Actionable, by the way, means that a statement is defamatory or capable of a defamatory meaning, it was communicated about an identifiable person to others with negligence or malice, and injury resulted. Reputational injury is presumed with false accusations of crime.

(and keep in mind that the LAST time you were told to support your answer, you wound up supporting MY answer instead )