I was told he had the right to voice his opinion?

[taken67]

What is the name of your state? Tennessee

Last year my son was taken from my custody by the Madison County DCS and Juvenile Court - that is another case/question, but this question pertains to it. During my fight to get my son back, which I did btw, my ex-brother-in-law sent a letter directly to the Judge in the case (exparte communication??) and in this letter he made statements, not opinions, but statements about me that were completely untrue. He is a psychologist and also gave a clinical diagnosis of me, unsolicited and unfounded as in the time I have known him, we have only spoken very briefly and never in a professional way. The statements he made were truly disgusting in regards to me and could have had some bearing on the return of my son, the Judge wisely took the letter for the trash that it was; however, did I/do I have the right to sue him for libel? What is the statute of limitations on a libel suit?

 

[moburkes]

Why wouldn't it be his opinion? He gives his professional opinion every moment that he is working.

 

[Quaere]

my ex-brother-in-law sent a letter directly to the Judge in the case (exparte communication??) and in this letter he made statements, not opinions, but statements about me that were completely untrue. He is a psychologist and also gave a clinical diagnosis of me, unsolicited and unfounded as in the time I have known him, we have only spoken very briefly and never in a professional way

Your brother-in-law’s opinion on matters involving mental health would be considered statements of fact in a defamation suit. In other words, he could not defend himself by saying he was only speaking his opinion.

The statements he made were truly disgusting in regards to me and could have had some bearing on the return of my son, the Judge wisely took the letter for the trash that it was; however, did I/do I have the right to sue him for libel?

If he only said these things to the Court, his statements are probably considered privileged. If you could prove his actions were malicious you might get past the privilege defense but then you’ve got the following problem:

If the judge says he ignored the information, there is no reason to believe your reputation was harmed.

What is the statute of limitations on a libel suit?

It’s usually a year but you should check the law in Tennessee.

 

[BelizeBreeze]

Take about $20,000 out of petty cash and sue him.

In three or four years and another $20,000 you'll lose.