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Who Pays For The Damages?

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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Missouri

Curious question. Have a family member whose former spouse and he are in a court battle over custody of their children. In what appears to be retaliation, the mother filed a false police report stating that the father had a cache of automatic weapons and explosives in his home. The ATF was summoned, a search warrant obtained and carried out on the father's home where no weapons or explosives were found.

The battle between mother and father is getting pretty nasty. The father knows it was her who called in the report, and that she knew it was false when she made it (she did so just to create drama and to gain the upper hand in the custody battle). Of course, as we know, when authorities are doing such an extensive search, they basically trash the place - and this was no exception. Locks were broken, carpeting and floors torn up, basically the house trashed.

Obviously, the ATF can't be sued to recover the damages that were caused during the search, but my family member wants to know how he can be reimbursed otherwise? Can he sue the ex and reasonably expect her to pay for them (if he can definitively prove that she made the false report)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Missouri

Curious question. Have a family member whose former spouse and he are in a court battle over custody of their children. In what appears to be retaliation, the mother filed a false police report stating that the father had a cache of automatic weapons and explosives in his home. The ATF was summoned, a search warrant obtained and carried out on the father's home where no weapons or explosives were found.

The battle between mother and father is getting pretty nasty. The father knows it was her who called in the report, and that she knew it was false when she made it (she did so just to create drama and to gain the upper hand in the custody battle). Of course, as we know, when authorities are doing such an extensive search, they basically trash the place - and this was no exception. Locks were broken, carpeting and floors torn up, basically the house trashed.

Obviously, the ATF can't be sued to recover the damages that were caused during the search, but my family member wants to know how he can be reimbursed otherwise? Can he sue the ex and reasonably expect her to pay for them (if he can definitively prove that she made the false report)?
What hard evidence does he have that she was the one who "called in the report"? One cannot win a lawsuit without evidence.
 
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