Defamation of Character Civil Law Suit-How to Press Charges for False Accusations

 The apartment staff filed (2) false complaints 

causing me to have 2 police reports against me.  I would like to make a supplement to the report that can be stored alongside the original report. I would like to be contacted by the officer who took the report and give them my side of the story.  I would also like to have charges pressed against them for knowingly lying to the Police Department. The event ID is 2022-244090 and the Unit 132A , empl id P497 and 135A, empl id P526.  The other event ID is 2022-244195 and the Units 143A, empl id P418 and 145A, empl id P279.  Thank you.




How to Press Charges for False Accusations


https://legalbeagle.com/5422932-penalty-filing-false-police-report.html

https://legalbeagle.com/5422932-penalty-filing-false-police-report.html

Defamation Explained

If someone made untrue statements about you to the police and these statements caused you material harm, then you may be able to sue for defamation of character. Defamation is a catch-all term covering two different types of lawsuits – "libel" for written defamation and "slander" for spoken defamation. Filing a false police report could be either, or both, depending how the accusation was made. Defamation is not a crime, and you can't press charges for it. Rather, you would sue the person who made the untrue statements in a civil court.

Police Reports May be Privileged

Generally, false police reports are protected from defamation claims because the law deems them to be privileged to a certain degree. This means the person cannot be held liable for the statements he made even if they could be considered defamatory. The reasoning here is that citizens should be encouraged to report potential criminals to the police without the threat of legal action if they get the facts wrong. In most states, the privilege applies as long as the person filed the report in good faith. If she did it just to annoy or harass you, then you may be able to argue that privilege does not apply. The law is complicated, so speak to a lawyer about your options.

Proving Material Harm

One of the tests for defamation is material or "cognizable" harm. This means you must suffer substantial damage that is generally measurable in terms of dollars. For example, if you were fired from your job as a direct result of someone's false accusations against you, that would be a cognizable harm. Defamation law does not recognize emotional injury in most cases. It's unlikely that you could file a defamation claim if all you suffered was temporary anxiety or the inconvenience of having the police question you.

Proving the Untrue Statements

In a civil defamation case, the burden is on you to prove that the accusations made against you were false. Truth is an absolute defense to defamation, so if there are facts to back up the person's statement, you are not entitled to compensation – it's not enough to show that the person was wrong about some of the details. You also can't sue someone for defamation for merely expressing an opinion. You must have clear and convincing evidence that what was said about you was categorically untrue, such as documents, emails, timelines and witness testimony.

Comments