Defamation & Negligence, law suit?

What is the name of your state (only U.S. law)? NY (WNY)
On June 9th 2008 my husband left the state of CO while serving mandatory parole. He completed his time but CO has mandatory parole for all persons holding a felony rather they served all their time or not. He was picked up at my house on Sep. 16th 2008. When the police picked him up they said he was wanted as a sex offender by order of the state of CO. when the officer said this he was standing at the end of my drive way yelling it several times, he then went on to say my children were not safe.
After the arresting officer got to jail he called me back to tell me that on my husband’s rap sheet there is nothing about being a sex offender or having a sex crime altogether, he said Colorado put it in their system for whatever reason but that it was not true.
I then paid the $7. And got my husband’s rap sheet my self, and found the same thing, nothing about sex. They also reported my Husband left CO march 24th, this isn’t true and I asked them to look that information up because I married him May 1st in CO which proves he was their.

My husband is currently sitting in a NYS jail waiting for CO to extradite him back to CO. which brings me to my second issue. I have informed the state of CO that my husband’s life was in danger if they put him back in prison in CO. I have a life threatening letter from a member of a gang (Texas Syndicate) confirming this threat, and I asked them to pull phone records as the treat was also made and promised several times over the phone.

My question is do I have a lawsuit for defamation of character? Or for anything concerning the false accusations pertaining to my husband being a sex offender, and due to that making all my neighbors believe he is a child molester???

Second question is if or when they extradite him, if anything happens to my husband should he go back to prison what kind of lawsuit if any do I have???

When you answer my questions can you please also tell me if your fee’s are taken from what we win or if I need to pay upfront. Thank you.

I'm afraid I can't answer your questions but I'm bumping this so more people can see it as I eagerly await the replies

What sort of crime was your husband convicted of originally?

There is the possibility you could bring a defamation action against the officer who shouted out that your husband was a sex offender. This, however, would depend on a lot of different factors. One major factor that must be considered is the answer to the question I asked above.

Certain convictions for certain crimes make certain individuals "defamation proof," meaning that nothing that is said about them can further injure their reputation and, therefore, no defamation action can be pursued successfully.

When a reputation has already been irreparably injured, based on a person's own actions, then no additional reputational injury can be shown to have resulted from any additional defamatory comment made about them, whether the additional comment made is false or not. Those who are considered "defamation-proof" are individuals who have been convicted of (and occasionally only charged with) some notorious and/or well-publicized crimes (think Charles Manson or Jeffrey Dahmer or, even, O.J. Simpson).

Another factor would be how carefully your husband's records were checked prior to the officer's visit to your home. Was the officer basing his comments on what he considered an accurate report forwarded him by Colorado authorites? An error in a report issued by a generally reliable source, if the error was not due to this officer's own carelessness or negligence, could not support a defamation action against him.

If the Colorado authorities issued a warrant for the arrest of your husband, based on misinformation that they should have known was misinformation had they sufficiently checked their records (a same-name error with different birthdates, for instance), then it may be possible to take some sort of action against the Colorado authorities. On this, however, you should wait for other forum members to post, who may be able to tell you what, if anything, can be done about warrants issued based on false information.

At any rate, all of the facts of your situation should be presented to an attorney in your area, to see if the defamatory comments made about your husband are actionable or not. The attorney can tell you, from a review of all of the pertinent facts, whether there is an action here worth pursuing.

My question is do I have a lawsuit for defamation of character?

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No, you don't.

Second question is if or when they extradite him, if anything happens to my husband should he go back to prison what kind of lawsuit if any do I have?

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It would depend on what happened to him.

First I want to say thank you for responding so quickly. Now to answer your questions. My husband was charged with drugs and forgery because he lied about who he was when they arrested him on the drug charge.

I don’t know if his case was reviewed before picking him up. The officer kept shoving the warrant in my face yelling he was a sex offender, the warrant came from the state parole in Colorado. A NYS parole officer saw it on his computer and he was the one whom called the police because he knew me and knew my husband was with me. The arresting officer said it was an order from CO Parole but he couldn’t find anything in the rap sheet to concur with that charge, as my husband’s rap sheet is all drugs and fleeing.

Just so you know, the NYS parole officer knows me because of my friend’s husband, not for anything I’ve done. Personally I’ve never touched drugs nor have I ever gotten in trouble. My husband’s charges were before he and I got together and he is now clean. I just wanted to say that so that you don’t think everyone is a bunch of drug dealers over here whom want money, for me it isn’t about money, I’d like to win money for my Lawyer (when I get one) so it benefits him or her … My objective is to let CO know they screwed up and I want reorganization for that. More so because while my husband was in prison he asked them for help to put him in rehab and they denied him saying he was incurable, however I know differently because he didn’t touch drugs while with me and now we’re having a baby. I know I cant change CO laws as their main money source is from prison, however I feel as if they shouldn’t be allowed to send out false warrants and say what they want only for money.

Dertin said:

First I want to say thank you for responding so quickly. Now to answer your questions. My husband was charged with drugs and forgery because he lied about who he was when they arrested him on the drug charge.

I don’t know if his case was reviewed before picking him up. The officer kept shoving the warrant in my face yelling he was a sex offender, the warrant came from the state parole in Colorado. A NYS parole officer saw it on his computer and he was the one whom called the police because he knew me and knew my husband was with me. The arresting officer said it was an order from CO Parole but he couldn’t find anything in the rap sheet to concur with that charge, as my husband’s rap sheet is all drugs and fleeing.

Just so you know, the NYS parole officer knows me because of my friend’s husband, not for anything I’ve done. Personally I’ve never touched drugs nor have I ever gotten in trouble. My husband’s charges were before he and I got together and he is now clean. I just wanted to say that so that you don’t think everyone is a bunch of drug dealers over here whom want money, for me it isn’t about money, I’d like to win money for my Lawyer (when I get one) so it benefits him or her … My objective is to let CO know they screwed up and I want reorganization for that. More so because while my husband was in prison he asked them for help to put him in rehab and they denied him saying he was incurable, however I know differently because he didn’t touch drugs while with me and now we’re having a baby. I know I cant change CO laws as their main money source is from prison, however I feel as if they shouldn’t be allowed to send out false warrants and say what they want only for money.

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Did your sweetie violate parole?

Is that why he was arrested?

Ahhh, correction.

Seniorjudge is right. YOU don't have a defamation action you can pursue - however your HUSBAND might.

I just did a quick check on arrests based on false warrants. The ACLU filed a suit against a police officer in Colorado last year on just such an arrest.

The police officer searched a database for the name of a suspect in an assault case, and he found the right name, but wrong person. Using this "shared" name, the officer added the innocent person's birthdate, social security number and driver's license number and submitted an affidavit to a judge for the issuance of an arrest warrant. The affidavit included false statements and omissions. A little fact-checking by the officer would have uncovered the true suspect in the crime.

The suit was filed against the officer for the unjustified warrant for arrest without legal grounds. The 4th Amendment prohibits unreasonable searches and seizures. It is unreasonable when the search and seizure is not supported by probable cause. There had been no effort made by the officer to fact check, no probable cause, no grounds for the issuance of an arrest warrant against this innocent person. It was, in other words, a baseless arrest.

Compensatory and punitive damages were requested, and reimbursement for all expenses incurred as a result of the false arrest.

If simple fact-checking could have shown that your husband was not the sex offender the authorities in Colorado were seeking, there may be grounds for filing against the officer who obtained the warrant for your husband's arrest.

SO, Dertin, and again depending on all of the pertinent facts, your husband could have a couple of legal actions available to him. He should consult with an attorney.

seniorjudge said:

Did your sweetie violate parole?

Is that why he was arrested?

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Both. They said he violated parole and was violating parole on a sex charge.

Dertin said:

Both. They said he violated parole and was violating parole on a sex charge.

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So then you would want him to base his lawsuit on the fact that a cop said he had violated parole on a sex charge?

Did anyone hear this?

seniorjudge said:

So then you would want him to base his lawsuit on the fact that a cop said he had violated parole on a sex charge?

Did anyone hear this?

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Yes. My 14 year old son whom was in the house.
A lady walking her dog whom stopped to watch.
The man across the street mowing his lawn.
And now the entire Church knows because I live in a small town.

I'm confused. There was a legitimate warrant issued for the arrest of your husband, based on a parole violation?

quincy said:

I'm confused. There was a legitimate warrant issued for the arrest of your husband, based on a parole violation?

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That's what I understand.

The poster says that the cops came and said we have a warrant for parole violation on a sex charge instead of saying that we have a warrant for parole violation on a dope charge.

For that, she wants to file a defamation lawsuit.

quincy said:

I'm confused. There was a legitimate warrant issued for the arrest of your husband, based on a parole violation?

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The parole violation was accurate, the sex charge was false.
CO said he was wanted for violating parole on a sex charge, but the charge was drugs, not sex.

Dertin said:

The parole violation was accurate, the sex charge was false.
CO said he was wanted for violating parole on a sex charge, but the charge was drugs, not sex.

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If you sue for defamation, how would you think a jury would look at this?

I don’t justify my husband’s actions, in fact I cant stand drug dealers. I have 3 kids and one on the way, I cant imagine what I’d do if they were on drugs.

My concern is NYS officers say CO is wasting Tax payers money and that my husband should be free because he served his time. CO says he should be on mandatory parole regardless and I feel they will try to hit him with this sex charge even though their isn’t one, simply because they make money on prison. Colorado is obviously screwing with lives and nothing is being said or done about it.

I still feel as if I have so much to defend as well as the fear that my husband will die if he ends up back in CO.

I have a few issues going on.

1) being everyone thinks he is a sex offender.
2) the safety of my husband should they pick him up.
3) rather or not CO will attempt to give him a new and false charge upon returning to CO.