pictureparadise
Junior Member
What is the name of your state? FL It states:
March 4, 2004 my (then) husband hired an investigator to have me followed. We were divorced July 15, 2004. In Nov. 2005 there was a trial set for two days. I subpeanad the investigator, a parent coordinator that was useless, and my husbands records to prove hidden finances. In the investigators records was a letter stating:
Case Overview: "Our client is (XXXXXX). (XXXXX) will be sending a check for $600.00. Target is (my maiden name) also known as (my married name). Please proceed to local police agencies in (city), sheriff's office an police department, for any police report on target. Client advises that target was arrested for some type of assault several years ago. Client needs arrest record or police report pertaining to same event. This will be a child custody issue, so any and all law enforcement documents that show target's character will be helpful".
I also learned that the investigator wrote a letter to my ex husband in October 26, 2004 (after our divorce) stating that my ex had stated his "estranged" wife had been acting somewhat bizaare and that I was making crazy and wild allegations of events. He further states that their only assignment during this period of time was to simply witness this exchange of the child and at "no time did our agents ever conduct vehicle tailing or tail surveillance on (my name)." The investigator continues "We had no assignment to follow or tail (my name) to any location, nor to photograph or video tape for any other purpose. Our service was short and covered only the child exchange period." Then he says, "As you know, (my name) actually showed up at my office acting unstable and alleging that she was being followed everywhere she went. She went on to describe the fact that she was being followed to and from work, to and from shopping, and that her every movement was being documented. This is absolutely not the case. Our agency works on paid assignments only and has no interest in (my name) activies. WHile I am not a counselor, my suggestion is that (my name) seek the advise of a good psychiatrist or psychologist to assist her with her paranoia issues."
I was interning for my degree in Education at a local elementary school. I was "tailed" to the school, out of the school, at my home, my daughters workplace (previous marriage), etc. I have 40+ Case letters (from investigator when subpoened) proving that, beginning March 3, 2004. Even happened when I did not have my son. I asked the investigators numerous times to stop following me. They would not. They photographed me, video'd me (I have copies), etc. My ex accused me of being abusive. Out of 45 +/- copies of videos made (from subpoena), not one shows me abusive. I further learn that the letter to his attorney was also mailed to the parent coordinator. She never shared the information with me. Instead, I dealt with a lot of verbal abuse from her. It was like my ex paid her to be on his side. I proved to the court that she wasn't doing us justice and the p.c. was removed.
Before the trial in Nov. 05, my ex-husband showed up at my place of employment (private elementary school) causing much rucass. Because I taught there he did not want our 4 year old son attending there. He had called the health department on the school, hired a school psychologist to look at the school and basically bash it verbally, and writing letters to my principal of how he thought the school was unsafe, etc. At the end, he agreed for my son to attend there (a day before trial). To this day my ex-husband has 2 investigators with him at all times. He refuses to let them go when I ask him.
What my questions are:
1 - Can I sue my ex-husband, AND the investigators for defamation of charater based on tort of libel? Tort of fraudulant misrepresentation? Intentional tort? Actual malice?
2 - Can I sue the parent coordinator for intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure (gross negligence)? under duty of professionals? What about Proximate cause in Causation? There is a connection between an act and an injury strong enough to justify imposing liability.
3 - Is it past the timeframe to do this? And does the fact that we had a new agreement made by the court? And also the first letter was written when we were still married...does that affect it?
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March 4, 2004 my (then) husband hired an investigator to have me followed. We were divorced July 15, 2004. In Nov. 2005 there was a trial set for two days. I subpeanad the investigator, a parent coordinator that was useless, and my husbands records to prove hidden finances. In the investigators records was a letter stating:
Case Overview: "Our client is (XXXXXX). (XXXXX) will be sending a check for $600.00. Target is (my maiden name) also known as (my married name). Please proceed to local police agencies in (city), sheriff's office an police department, for any police report on target. Client advises that target was arrested for some type of assault several years ago. Client needs arrest record or police report pertaining to same event. This will be a child custody issue, so any and all law enforcement documents that show target's character will be helpful".
I also learned that the investigator wrote a letter to my ex husband in October 26, 2004 (after our divorce) stating that my ex had stated his "estranged" wife had been acting somewhat bizaare and that I was making crazy and wild allegations of events. He further states that their only assignment during this period of time was to simply witness this exchange of the child and at "no time did our agents ever conduct vehicle tailing or tail surveillance on (my name)." The investigator continues "We had no assignment to follow or tail (my name) to any location, nor to photograph or video tape for any other purpose. Our service was short and covered only the child exchange period." Then he says, "As you know, (my name) actually showed up at my office acting unstable and alleging that she was being followed everywhere she went. She went on to describe the fact that she was being followed to and from work, to and from shopping, and that her every movement was being documented. This is absolutely not the case. Our agency works on paid assignments only and has no interest in (my name) activies. WHile I am not a counselor, my suggestion is that (my name) seek the advise of a good psychiatrist or psychologist to assist her with her paranoia issues."
I was interning for my degree in Education at a local elementary school. I was "tailed" to the school, out of the school, at my home, my daughters workplace (previous marriage), etc. I have 40+ Case letters (from investigator when subpoened) proving that, beginning March 3, 2004. Even happened when I did not have my son. I asked the investigators numerous times to stop following me. They would not. They photographed me, video'd me (I have copies), etc. My ex accused me of being abusive. Out of 45 +/- copies of videos made (from subpoena), not one shows me abusive. I further learn that the letter to his attorney was also mailed to the parent coordinator. She never shared the information with me. Instead, I dealt with a lot of verbal abuse from her. It was like my ex paid her to be on his side. I proved to the court that she wasn't doing us justice and the p.c. was removed.
Before the trial in Nov. 05, my ex-husband showed up at my place of employment (private elementary school) causing much rucass. Because I taught there he did not want our 4 year old son attending there. He had called the health department on the school, hired a school psychologist to look at the school and basically bash it verbally, and writing letters to my principal of how he thought the school was unsafe, etc. At the end, he agreed for my son to attend there (a day before trial). To this day my ex-husband has 2 investigators with him at all times. He refuses to let them go when I ask him.
What my questions are:
1 - Can I sue my ex-husband, AND the investigators for defamation of charater based on tort of libel? Tort of fraudulant misrepresentation? Intentional tort? Actual malice?
2 - Can I sue the parent coordinator for intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure (gross negligence)? under duty of professionals? What about Proximate cause in Causation? There is a connection between an act and an injury strong enough to justify imposing liability.
3 - Is it past the timeframe to do this? And does the fact that we had a new agreement made by the court? And also the first letter was written when we were still married...does that affect it?
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