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Can I sue for slander?

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CdwJava

Senior Member
A crime was never committed sir. The person was just falsely accused of being a gunman which they aren't. There was no probable cause to prove it

An arrest REQUIRES probable cause. This person was not arrested because someone said they MIGHT have had a gun at some time. So, what was he arrested for? Or, did you mis-speak when you seemed to imply he was arrested and were suggesting that the rumors might escalate somehow in such a way that he MIGHT get arrested?

Does this person have many thousands of dollars invest in a lawsuit? Does the target of the suit have enough money to pay any award? What actual damages (dollar value) has the person suffered as a result of this alleged slander?

And, precisely what was said?
 


CdwJava

Senior Member
A lady used what a lieutenant said that a person said about them to say she felt threatened that he would come after her to say that the person is a gunman but the person never said anything about the woman to the lieutenant

THIS does not sound actionable for a number of reasons. Certainly not sufficient to support a successful claim for slander.
 

quincy

Senior Member
A lady used what a lieutenant said that a person said about them to say she felt threatened that he would come after her to say that the person is a gunman but the person never said anything about the woman to the lieutenant

If the student has been falsely labeled a terrorist or a potential terrorist, this student could potentially have a suit worth pursuing - but I am a little puzzled by what you are saying.

A police lieutenant told a woman that another person said the student was a gunman or potential gunman? A police report was made? Is the woman staff at the school? This woman repeated what the lieutenant said to others?

Who made the report to the lieutenant and why did the lieutenant speak with the woman?

Some clarification would be nice. :)
 

Lumaster

Junior Member
[QUOTE
=quincy;3391534]If the student has been falsely labeled a terrorist or a potential terrorist, this student could potentially have a suit worth pursuing - but I am a little puzzled by what you are saying.

A police lieutenant told a woman that another person said the student was a gunman or potential gunman? A police report was made? Is the woman staff at the school? This woman repeated what the lieutenant said to others?

Who made the report to the lieutenant and why did the lieutenant speak with the woman?

Some clarification would be nice. :)[/QUOTE]



The lieutenant told her some very negative things that were false that a man said about her so she used what was said to say that she felt threatened and was out to get her even though what she was told she didn't say. Yes the woman is staff at the school. I don't know if she told the school exactly what was said but she told them that negative things were said about her
 

Lumaster

Junior Member
I doubt that can ever be proven.

I agree with quincy. I also don't see any viable case here, though the person is absolutely encouraged to seek local counsel.

What was said about this person is false. If they're a gunman they're a threat towards everyone. There's no justifiable evidence to prove this person is a gunman
 

Lumaster

Junior Member
An arrest REQUIRES probable cause. This person was not arrested because someone said they MIGHT have had a gun at some time. So, what was he arrested for? Or, did you mis-speak when you seemed to imply he was arrested and were suggesting that the rumors might escalate somehow in such a way that he MIGHT get arrested?

Does this person have many thousands of dollars invest in a lawsuit? Does the target of the suit have enough money to pay any award? What actual damages (dollar value) has the person suffered as a result of this alleged slander?

And, precisely what was said?

They suffered emotional damages. This person can't get a job because of the police reports and they're reputation has suffered. The person who did it is wealthy
 

CdwJava

Senior Member
This sounds as if it is an unprovable case for slander. Too many variables and room for opinion (fear on the part of the woman).

If you (or your friend) feels they have a case, consult an attorney and see what he or she says. If they ask for $20,000-$25,000 up front to start the ball rolling, the case is a dog. If they offer to go ahead on contingency, then you may have a winner. I suspect the former.
 

quincy

Senior Member
The lieutenant told her some very negative things that were false that a man said about her so she used what was said to say that she felt threatened and was out to get her even though what she was told she didn't say. Yes the woman is staff at the school. I don't know if she told the school exactly what was said but she told them that negative things were said about her

Okay. I am still not entirely clear what is going on here but my understanding is that someone reported to the police that they thought the student was a potential gunman. The lieutenant passed this information on to a school staff member. The staff member passed on what she heard from the lieutenant to others and the student was removed from the school. The student has not as yet been arrested or charged with any crime - pending, I suppose, an investigation into the report made to the police.

If, for example, the woman told other staff members at the school (perhaps the teachers of the student) what the lieutenant said, these statements could not be used to support a defamation claim. A privilege (an immunity from civil action) attaches to statements made both to the police and to those in a position where they "need to know" information.

This immunity from a defamation suit holds even if what has been stated to others turns out to be false. The only time this privilege or immunity can be defeated is if what was said was knowingly false at the time it was said and there was an intent to cause harm with the statements.

If the woman told people in the community or those without the need to know what was in the police report or what the lieutenant said, on the other hand, the statements could potentially support a defamation claim.

Facts really matter.

Again, it sounds very much like the student needs an attorney in his area to assist him - and he should not speak to school officials or the police without this attorney.
 
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CdwJava

Senior Member
They suffered emotional damages. This person can't get a job because of the police reports and they're reputation has suffered. The person who did it is wealthy

As mentioned earlier, in AR he may have to cite actual damages. In the case of not getting a job he would have to PROVE that he would have gotten the job had it not been for the allegations the woman made. That would require the prospective employer to state something to that effect ... good luck with that one!

What did she say and to whom? How did some random woman's fear of you (or, someone) get to some prospective employer?
 

quincy

Senior Member
I don't understand what you're saying. No threat was made at all

One last try at this. :)

Is the person removed from the school a student or someone who worked at the school? You mention the person's inability to get a job due to the statements made.

Was this person arrested or was he temporarily suspended (if student) or put on leave (if employee)?

Has he consulted with an attorney yet? If not, why not?

Anyone who has been accused of being a gunman or making terroristic threats needs an attorney, whether what he has been accused of is false or not. The attorney can work with the facts to provide the person with appropriate advice and direction.


Here, for the benefit of others, are links to the other two threads you posted tonight:

https://forum.freeadvice.com/civil-rights-discrimination-law-101/could-someone-sue-621975.html

https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/can-you-sue-them-621976.html
 
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ajkroy

Member
As someone who works in education, I have to tell you that these days, everyone is encouraged to report things that seem threatening or even "off" to them. Social media posts and off-the-cuff remarks included.

Now threatening to shoot someone at school will net the same result as saying the word "bomb" at airport security.
 

quincy

Senior Member
As someone who works in education, I have to tell you that these days, everyone is encouraged to report things that seem threatening or even "off" to them. Social media posts and off-the-cuff remarks included.

Now threatening to shoot someone at school will net the same result as saying the word "bomb" at airport security.

Although I certainly understand why schools must now take all threats of violence seriously, whether these threats are overt or not, and schools can potentially be held liable for negligence if harm comes from failing in their duty to warn and report of such threats, there is still a line that can be crossed when warning others of perceived threats. Whether to say a line has been crossed here or not is not apparent.

There was an interesting case out of Iowa and, although I am aware that Lumaster lives in a different state, the case can be educational. In Dennis L. Smith v. Iowa State University of Science and Technology and State of Iowa, July 18, 2014, the Supreme Court of Iowa upheld a $500,000 award to Smith on his Intentional Infliction of Emotional Distress claims against the school and State (the Court of Appeals finding that the underlying conduct was "far broader" than false statements and defamation). Here is a link: http://caselaw.findlaw.com/ia-supreme-court/1673157.html

The facts presented in Smith (which involve a retaliation for whistleblowing) differ from what Lumaster has disclosed so far of the facts in his own situation, but the case can be instructive.

From Smith: "The State urges us to be hesitant to subject university employees to liability for reporting security concerns about individuals to campus police. This is a legitimate point. But ... [defendant] did not just report concerns ... she went back ... repeatedly to demean Smith, even though she had nothing new to say or report ... It suggests that reports to university police ought to have a wide berth of legal protection, but it also shows that such reports can be misused, because of current sensitivities."

While perceived threats must be taken seriously, the source of the reports of these threats - and the reasons behind the reporting of them - must be investigated to ensure a person targeted is not being targeted unfairly and falsely. Schools cannot rush to judgment and demean or defame an individual with unsupported accusations but they also have a duty of care to those in the school, so they cannot necessarily afford to sit back and wait until facts are gathered. Schools and school personnel have been placed in a difficult position.
 
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