Libel/Slander civil lawsuit.

[ACX]

What is the name of your state (only U.S. law)? KS

Dear FreeAdvice members,

I am a subject of phone harrassment complaints from few women - friends of my wife and mine. I am still not sure why the friendship ceased but, as a result of a prank, they filed superficial and substantive harrassment complaint. I am a good friend of their husbands as well.

Anyways, police did not charge me with anything, case is pending and I am wondering how to proceed with a civil lawsuit against these women in order to get formal apology letters and possible monetary damages.

How much would a good lawyer in this matter cost and what are the procedures and timeframes on the cases of this caliber.

 

[swalsh411]

And your damages are?

It could be that these people did genuinely think you were harassing them, and they what they thought was best based on what they believed and filed a police report. The police investigated, found no basis for the complaint, and life goes on.

And how can something be both superficial and substantive?

P.S. No court is going to order them to write an "apology letter".

 

[Hot Topic]

And you would have to give your attorney a far better explanation of what you want to sue the women for than you posted on this board.

 

[ACX]

And how can something be both superficial and substantive?

Insubstantial that is. Thanks for the correction.

I'd like to seek monetary damages as the complaints and the police interrogation, albeit without charges, have aggravated my medical DSM condition. Aforementioned condition is documented by my doctor.

I want to sue as I want the current plaintiffs to feel the consequences of their capricious actions. I have money for the litigation.

Thank you.

 

[cbg]

And your proof that the charges were capricious?

You do know that it is possible to harass someone without there being intent to do so, right?

 

[quincy]

You cannot use a police complaint as the basis for a lawsuit. Complaints that are made are not considered reported facts but reported suspicions. The police investigate to determine the facts.

Unless there is PROOF that the complaint was filed with actual malice - with a deliberate intent to commit an injury, with knowledge that what was said was false - there is little that can be done. Actual malice is extremely difficult to prove.

And, although it is illegal in all states to file a false police report, it would be the police who would take action on it, not you. And they won't, unless an investigation into the complaint required substantial police resources (as would be the case with a false complaint of child kidnapping).

If you want to speak with an attorney in your area, the attorney may suggest sending a letter to these women asking for an apology and money to compensate you for your doctor's visit. The women would be under no legal obligation to provide either, however.

Even with an aggravated medical condition, I do not see that you have enough here to support a lawsuit. But, again, the attorney you speak with in your area can advise you on that.

Good luck.


(Hey, cbg. What are you doing up so late?)

 

[cbg]

(I work third shift three nights a week - this is one of them.)