I am a physician. An individual in another state has accused me of stalking. I am completely innocent & have an attorney to prove this. Some of the accusations that were put in writing by this individual and campus police alleged outlandish activity, such as that I knew some aspects of the "victim's" life because I had her phone and apartment bugged, etc. Some phone calls the "victim" received were placed from a hotel in the area. I can easily prove that I was states away at the time. However, again in writing, the campus officer states that obviously these calls must have been "spoofed" by me. It has thus far been a ridiculous battle. My question is, "If this is dropped or whatever by the state, can I sue this individual for slander/libel, and if so, does it have to be in that state or can it be filed in the state in which I live?"
DISCLAIMER: THIS IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Your first question is simpler than the second. If I understand your question correctly, you received a letter from an individual that made disparaging remarks about you. If so, you would have a cause of action in libel, assuming no privileges or defenses. In California, at least (you didn't specify where you live), under Civil Code of Procedure section 45: "Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation."
While you may be able to demonstrate that the individual's statements were libelous, you would also need to show how and to what extent it may have damaged your reputation. This is usually lacking in most cases of this type.
As to your second question, you really need to talk to a lawyer in your jurisdiction about this. This is not a simple question/answer. Whether you can "haul" this individual into court in your state depends upon a number of factors.
I go into great detail about defamation law in my law blog entitled, the California Defamation Law Blog. As the title suggests, I practice law in California. Each state's laws are different.
The general on where you can sue is that you have to sue the defendant where he or she is. Sometimes you can stretch your home state's jurisdiction if the defendant did something causing harm within your state. Safest bet is to sue in their state. Also be aware that a dispute between citizens of different states can be removed to federal court where the stakes are higher and the chances of winning are less.
