Can I successfully file a slander case against an off duty dispatcher. Whom made a slanderous comment to strangers.

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My son (17) lost his wallet. Teens in school heard their friend say that they found one. I was visiting with tthe boys parents trying to find out which friend it was. I have never met them, they had no idea who I was. The father volunteered to help me track down his sons circle of friends.. He calls one of the boys mom to ask if she knew anything about it, and had also mentioned my full name. She wasn't aware he had it on the speaker phone, she replied by saying " If I could suggest you not talking to them, they are known around town to start trouble". This mother is our town dispatcher. Is she not privaleged to have this information? And is she not bound to breach of confidentaliality? Whether or not the info is true. I was very imbarressed. how will she respond in the future

Attorney Answers

2
Alan Brinkmeier ·
Embarrasment is the damage that you suffered and that is not enough to base a slander case on. Also, the words spoken by the person sound like an opinion she has formed and such opinions are protected as free speech by the First Amendment of the Constitution. Take a deep breath, step back and find something to smile about. Good luck to you. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Jonathan Levy ·
Well first the statement has to be untrue. Then it needs to be defamatory, calling someone a troublemaker does sound like an opinion rather than defamation. There is also the context which was an overheard private conversation. If they had accused you of a criminal act that would be different. If you are still aggrieved, contact a local attorney because slander is often not clear cut.
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