Defamation slander and pain & suffering

[thevon]

What is the name of your state? New York

Police responded to 911 call of person with a gun. 4 police cars responded. An arrest was made. Person placed in handcuffs in front of her 15 yr. old daughter and all the neighbors. person arraigned over 24 hours later and released ROR. court date set for July 2007. attorney certain chrges will be dropped. This person has never been in trouble, is very fearful of guns and never had a gun. person is under medical care for the stress this has caused. She has been sent home from work on several occasions because she starts crying and can't function at work. doctor has her on tranquilizers. Her boss has instucted her to work only 4 days a week instead of 5, due to the stress ( she's losing pay). P.S. The mother of the arrested person, already has an order of protection against the sister of the 911 caller. The call was clearly made to humiliate and retaliate. Another neighbor has stated that the 911 caller brags she will call the police every time she sees this person alone. What proof is needed to win punitive damages in small claims court?What is the name of your state?

 

[racer72]

What proof is needed to win punitive damages in small claims court?

The person could have all the proof in the world but small claims court will not award any punitive damages. SMC is for actual monetary damages only based on damages caused to property or possesions or failure to comply with contract terms. Punitive damages is an arbitrary amount based on many different reasons, usually it is based on an amount that a defendant is found liable for in court. The person having problems needs legal guidance as soon as possible.

 

[thevon]

Thank you for responding. We did seek legal advice, and his response was don't bother, go on with your life, you're dealing with lowlifes who will never change, AND they do not live long lives! He will represent her in July in order to get the case dismissed but- that's it. What he does not understand is that this was a horrid, horrid experience, and they need to be punished for their cruelty. Thank you again, we will try to find another attorney to try to sue in regular court.

 

[thevon]

P.S. the police searched her car and her mothers apartment, also they refused to even look at the 'order of protection' they said their only concern was a gun!

 

[>Charlotte<]

If you could please clarify, what exactly was the charge? If she was arrested for the gun, and she in fact had the gun, the motives of the caller are going to have little (if any) bearing on the case.

 

[thevon]

PL240.26 01 violation 1 count, description harassment 2nd phy contact not an arrest charge

PL120.14 01 Top charge a misdemeanor 1 count arrest charge, arraignment charge menacing 2nd weapon

This is the info from arraignment. When she was handcuffed and taken in the police car, they told us she was being taken because they received a call that she pulled a gun on the young woman. The police would not even listen to us when we explained that we had in-fact called 911 stating that we were being harassed and that we had an order of protection barring this family from coming witnin 100 yards and there was to be no contact, and no 3rd party contact as well. The police said they did not want to see the order of protection, that they were called about a gun and that's all they were going to deal with. They also said they never received a call from us. They also said that they had 3 signed affidavits of witnesses saying she pulled a gun.