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Can I sue a Police Dept for Defamation?
Anonymous2 views3 answers
To make a long story short I got pulled over and the cops found my prescription meds but they werent in the proper container. I wasnt allowed to call and get the bottles brought down to me the first call i was allowed to make was after they booked me they never told me i was under arrest but that i was under investigation, never had my rights read, yet i got put in the car and taken to station. i have no criminal history. i am a teacher so since that happened the dept of education notified my school. since then all charges have been dropped i just think a lot was done wrong that night, and i cant go back to work because all the letter stated that i was arrested for posession of a CDS
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Not likely. Slander is the oral communication of false statements which are harmful to someone’s reputation. Spoken opinions which don't contain statements of fact don't constitute slander. The basic elements of a claim of slander include; 1.defamatory statement 2. published to third parties 3.which the speaker/publisher knew or should have known was false. Libel is publishing in print, which includes pictures, an untruth about another which will do harm to that person or his or her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others.
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Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
Possible causes of action may include false imprisonment, false arrest, portrayal in a false light, intrusion on the seclusion, invasion of privacy. You should call an attorney near where you live.
[NOTE: This communication is for informational purposes only. It does not constitute legal advice. Robert D. Kelly is licensed to practice law only in the State of Washington. If you wish to speak to an attorney, please arrange for an appointment by phone, fax or email. An attorney client relationship does not exist between you and Robert D. Kelly until a retainer agreement has been signed.]
Police officers have broad protection when it comes to being sued. First, as a public entity, you would have to place the State on notice within 90 days of the alleged misconduct under our Tort Claims statute. Failure to do so would likely bar any action for damages. Then, even if you do timely file the tort claims notice, the State would have strong defenses that are statutory in nature. The strong public policy would be against making police officers leery of doing their jobs for fear of being sued if they make a reasonable mistake.
As far as your arrest is concerned, you should immediately file an expungement. Since the charges were dismissed, you should be eligible right away. It will wipe your record clean as if you had never been arrested. If the school still tries to terminate you, you should oppose their efforts, which will give you time to have it expunged and off your record before you get in front of an Administrative Law Judge who would hear an employment dispute of that nature.
This answer is for informational purposes only and not intended to create an attorney client relationship. You should contact an attorney to discuss any legal questions you may have.
