Libel/written

[bdale]

What is the name of your state? NC

IN SHORT: Involved in child custody case with ex-wife...The police Department I am employed at for 11 years recieved a letter from her alleging that I have been Stalking her...threatening her....and using my posistion as an Officer to investigater her activities to include having officers follow her. I also of course happen to be a Police supervisor. Due to the allegations I have been contacted by head of PD internal affairs......but not questioned admin or criminally yet.....not familiar with Tort/civil law but understand that libel is written (accused of criminal activity)......provided to a third party (Employer) and damaging (I have never recieved any discipline or citizen complaint in 11 years with umblemished record..NOW THIS....I feel like I have 2 of the factors but my question now...DAMAGES? Would I have to be disciplined/punished to meet damages or is damage to professional reputation/stress..etc meet the criteria......this is very very unfortunate..what do ya'll think (yes ya'll Im from NC)...thanks

 

[BelizeBreeze]

And, of course, you can PROVE that her allegations are completely false and made knowing they are false and with the INTENT to cause you harm?

Move on. It's called divorce.

 

[bdale]

Reply to Belize

Thanks for your help jack-ass...the divorce happened 10 years ago I remarried 8 years ago......I thought I had moved on until this.....it's not up to you to decide if its false or not analyze what was presented and provide advice....if anyone with twinge of self respect has some insight I would appreciate it.....

 

[meganproser]

>>.....not familiar with Tort/civil law but understand that libel is written (accused of criminal activity)......provided to a third party (Employer) and damaging (I have never recieved any discipline or citizen complaint in 11 years with umblemished record..NOW THIS....

Crazy reports from ex’s during a custody battle don’t usually cause any blemish’s on an otherwise good rep. I can’t see anything close to a cause of action for defamation.

>>this is very very unfortunate..what do ya'll think

I think she is still within that range of nastiness that none of us have any protection from. I hope you two can settle things peacefully for your kids.

 

[BelizeBreeze]

Thanks for your help jack-ass...the divorce happened 10 years ago I remarried 8 years ago......I thought I had moved on until this.....it's not up to you to decide if its false or not analyze what was presented and provide advice....if anyone with twinge of self respect has some insight I would appreciate it.....

Your most welcome whimp.

 

[badapple40]

Allegations of criminal conduct are defamation per se, which means you don't need to prove actual damages.

Assuming that the facts above are false, as you state, and provably false, not just her opinions, I'd say you have probably made out a cause of action for libel.

 

[meganproser]

The United States Constitution affords a qualified privilege protecting the making of defamatory statements concerning public officials relating to the officials’ conduct in office. A public official may not recover damages for a defamatory falsehood relating to his official conduct unless he proves that the statements were made with actual malice, in that the statements were made with knowledge that they were false or with reckless disregard for whether they were false.

US Const, Am 1

The ex alleges that hubby is using his police power to harass her. She had a right to contact his superiors with that concern and her letter will be considered privileged.

It is unlikely hubby can prove she acted with malice because most of ex’s allegations can be a matter of perception.

The one thing that might prove malice is the allegation that hubby threatened the ex. If that is a provably false allegation, he might have something. He did not include such info in his post and the fact that his superiors didn’t do a complete investigation leads me to believe the allegation of the threat was not a serious one. I may be assuming too much there so OP, if the allegations were of a serious factual nature, please come back and elaborate!

 

[bdale]

update

NC...thanks for the insight...apparently the letter was privelaged and I am attempting to get a copy through court proceedings.....as the allegations were borderling criminal in nature...(stalking..mis-use of public posistion)..I refused to answer questions...and have taken it too my custody attorney...I was read the "highlights" of the letter by my commanding officer and I took notes....the NC police benovelent association is involved now.......Obviously the issue being..yes she has a right to complain..but the complaint alleges a mix of on and off duty mis-conduct......the problem really isnt the disciplinary issues..but for her, great leverage for Child custody hearing in March...she was served with notice of hearing and the letter was recieved 4 days later by the PD.....I have been in her home at her invitation...picking up my son two times during the time she alleges the stalking???.....the PD also called the court mediation office about this so now they are aware as well.....

Its hard to answer questions about alleged mis-conduct when they are being relayed third party and following his interpretation.... by my superior officer

 

[meganproser]

Bdale, thanks for the additional information. I understand your difficulty in relaying the exact allegations if they haven't let you see the letter!

It has already been decided that if someone suspects a policeman of engaging in ANY criminal conduct, if they report their suspicion to the cop’s superiors the report will be considered privileged as it relates to libel law. This is one of those situations where public safety comes before the rights of the individual.

Whether the “crimes” the ex accused you of happened on or off duty, your superiors “needed to know” if you may be involved in illegal activity, therefore her communication to them is protected.

If you can prove she made the allegations maliciously, she will lose the protection of the “privilege” defense.

 

[bdale]

Reply

This case get's even more interesting....the mediator relayed to the PD that the information (what took place in Custody mediation is confidential and not released)...I have essentially been accused of stalking..following or having other officers follow her..and her "acquintance"......increased police activity around her secondary home?...doesnt mention where home is located as far as jurisdiction..highdrug area=more police?......and feels I have information about her activity I shouldnt know about..(what activity this is Im not sure)....besides couldnt one hire a PI for that and be completely legal?....after all this BS I guess I should have....

I feel like its definately malicious in the timing..so close to the notice of hearing...the statements are vague and non-specific (not specifically saying I assaulted or threatened her on said date/time alleged) and seemingly only to cause me duress and damage my case for primary custody of 9 year old son.......The Police department would of course investigate me for alleged criminal conduct....My attorney is going to seek court order to have the original document released........Guess that about ends it...I will post if this goes to a libel suit.....though it's doubtful.....

 

[meganproser]

f>>ollowing or having other officers follow her..and her "acquintance"......increased police activity around her secondary home?...

Let's face it, we all know the police depts. are OVER staffed and need something to do like follow each others ex's around. Doesn't she understand these guys need SOMETHING to fill up their time? sheesh So picky!

BTW, if you and your co-workers run out of ex's to follow, you are welcome to come follow me and hang around my house.

Thanks for the update and please do keep us informed!