Can he file litigation against us?

[TMalone]

What is the name of your state? Nebraska

My wife was assaulted by a friend this year whom happens to be a police officer. The IA of his department wants to review it with us because the friend was using yahoo IM to talk to us on company time. IF the guy was to lose his job over this, can he come back through civil court and sue US for him losing his job? My wife has been through the wringer with this already and now is afraid that to get back at her for filing the assault papers and IA looking into all of this he'd sue her for losing his job.

I told her I didn't think he could because he made all the mistakes not her..she's still unsure. Advice?

 

[xylene]

Slow down partner...

What is the name of your state? Nebraska

My wife was assaulted by a friend this year whom happens to be a police officer. The IA of his department wants to review it with us because the friend was using yahoo IM to talk to us on company time. IF the guy was to lose his job over this, can he come back through civil court and sue US for him losing his job? My wife has been through the wringer with this already and now is afraid that to get back at her for filing the assault papers and IA looking into all of this he'd sue her for losing his job.

I told her I didn't think he could because he made all the mistakes not her..she's still unsure. Advice?

FACTS:

Your wife was assaulted by someone, who happens to be a cop.
The cop is under investigation for IMing at work. (as a cop I assume)
The Police want to talk to you about the IMing.


OK.

Flesh that out a little. Please read and answer the questions. Add any extra detail you can

1) What was the assualt about? Where there charges? Was it in relation to Law Enforcement Duties?

2)The IM thing is a little out of left field... Care to explain that. Telling the Police that you recieved an IM is not a big deal, its the truth. How are you getting this person fired? I don't follow.

an he come back through civil court and sue US for him losing his job?

Just about anyone can sue anyone. If he sues you get a lawyer.

Can he win? I don't feel we are getting all the facts but as you present it... NO He can't win damages against you for being fired for something he did (send IMs at work and / or assualting you.)

 

[TMalone]

1) What was the assault about?

He sexually assaulted her in our home. This is someone that we've known for 15 years and has been over many times before and never tried anything like this. Even when we've been at family functions he's never touched anyone in an inappropriate manner (in front of us at least I should say.)

Where there charges?

We filed a report with the State Patrol and are still waiting to hear whether or not the CO. Atty. is going to file charges but they did a taped conversation where they have him admitting she did say no multiple times.

Was it in relation to Law Enforcement Duties?

He was not on duty at the time of the assault no. What the IA detective said is he was concerned about the IM's during work time.

2)The IM thing is a little out of left field... Care to explain that. Telling the Police that you received an IM is not a big deal, its the truth. How are you getting this person fired? I don't follow.

Ok, this guy will talk with either my wife or I, yes usually my wife though, online. He has made comments about "being with her" but nothing he hasn't done at family functions with other females. Simple comments like "If you ever divorce I want dibs" "you've got a beautiful wife" etc. We have always laughed it off because that's just who he is. Everyone in our family laughed it off as well. He did twice ask her if she had any pictures of her or her friends for "personal use". I have seen all the IM's back and forth and she never encouraged the comments...but we found out that alot of the time he was online and when he asked for the pictures he was on company time, and with the job he does for the PD (of all things he is in Internet Sex Crimes) they were concerned about 'conduct unbecoming an officer'. It's not we want him fired, we were told by the state patrol a few days ago that IA would be looking into it as well and they would like us to cooperate.


I understand anyone can sue anyone, I'm just worried that if she doesn't cooperate with IA she'll be in trouble, and if she does she's afraid that if he loses his job over all of this he'll sue her. She's been under so much stress from all of this and I'm worried about her and just trying to help her with one less thing to worry about. I know part of it for her is depression and the anxiety which feeds some sort of paranoia with this, but I just want to be able to reassure her that she's doing the right thing.

Thank you very much for responding.

 

[rmet4nzkx]

His employer ownes the computers and his time at work and can fire for cause or abuse of his duty. THey can fornesically examin their own computer or could subponea theIM or cell phone records without you having made a complaint, it is an audit. Un authorized use of the computer is enough without assault to terminate his employment.