City employee/s slander

[sfsailor]

What is the name of your state?What is the name of your state? California

I have read the archives and found no post that fully answers my ? so here it goes...

I live in a city in the SF bay area that shall remain nameless and further refered to as X.

I had 2 sailboat boats in the City of X's public marina. The first event took place 3-4 months ago, in this event it was reported to the Harbormaster that 1. there was a methamphteamine lab on one of my vessels 2. people were jumping the locked gate to get to said vessel and 3. that people cut off the lock on said vessel, all of these allegation were/are false with no proof offered by anyone else otherwise.

Apparently, a dock captain (these are quasi-employees who volunteer to be the Harbormasters "eyes on the dock") from the other side of this 1000 boat marina and his friend, an illegal liveaboard on a vessel across from my accused boat were the reporters of this poppycock slander. The harbormaster also said more people said the same things but she would not tell me who or when or anything about them, leading me to believe they really didn't exist, above the fact that the information was absolutely false.


The Harbormaster towed my vessel and put it infront of her office "for my own good" after finding this out I called the X.P.D. to see if there was an investigation and to get the name of the accusers so I could get a TRO against them. The officer would not tell me if there was an investigation or the names of the accusers, but he offered to come and search my vessel. I refused this offer, the officer said then that this made me sucipious (HOW am I suspicious for exercising my constitutional rights?) I then sold this vessel to my friend since I felt they put me into a lose/lose situation with it. thats the end to this chapter.

Then about a week ago a friend of mine told me an assistant harbormaster told him that because I HAD a methampheamine lab on my boat I was under another investigation for the sinking of a XPD boat (boats sink) which again is complete poppycock.

So my question is can I sue either the orginial accusers or the assistant harbormaster who talked to my friend for slander? If so should include the city as a defendant?

Before this incident I had a good reputation at the marina. This reputation was gained through acts like when I found a wallet with $1300 cash in it and turned it into the harbormasters office without asking for reward or even leaving my name so the person could give me one. Now I feel embrassed and ashamed around the marina.

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? California



I have read the archives and found no post that fully answers my ?

My response:

Sure there is - - you just didn't look hard enough, or you didn't understand what you were reading. Look for "slander per se" and "libel per se".

IAAL

 

[sfsailor]

Well my take, from the archives that I could find, is that I could not claim slander over the intial false claim, but can claim slander against the assistant harbormaster because it was not involved with a police report. But I am not sure if there was a police report in the first place. IS this correct?

But what if they told other people the falsehoods besides the police before they told the police, if they told the police at all. They could have told the Harbormaster first and then the police. I am confused as to why filing a police report excuses someone from slander. This seems like a fallacy. I could use some clarification on this point

 

[CdwJava]

It's hard to be completely anonymous with a handle like 'sfsailor' ... uh, let me guess ... the City of S.F.?

In general, reports to the police are generally exempt from slander laws. This is so that people are not made afraid of calling the police to report suspected criminal activity. If the reporting party made a completely fabricated report to the police than they MIGHT be criminally liable for filing a false police report ... but this would require that they knowingly and intentionally made a false report of criminal activity. Simply reporting suspicions and erroneous conclusions is NOT 'slander'.

And what did the harbormaster say that was slanderous? He expressed an opinion that may have been erroneous ... that is IF he expressed the opinion at all. If he knowingly plastered your name all over the media and called you a drug dealer and such, you might have a case.

The best bet woul dbe to bring all the facts to an attorney who handles civil suits and ask him or her if you could sue the Harbormaster or the reporting parties. If they say, 'sure', and ask for cash up front - forget about it. If they offer to do it on contingency, then you might have a case.

Carl

 

[stephenk]

"The officer would not tell me if there was an investigation or the names of the accusers, but he offered to come and search my vessel. I refused this offer,"

so what were you hiding?

 

[sfsailor]

I was hiding nothing. The constitution gives me the right against unreasonable searches, right? Innocent until proven guilty. I told the officer he could go and look at the vessel through the windows but that I would not let him in the boat as I was not aware at the time of all the circumstances that led up to this "incident".

People who ask me this question, of why I invoked my constitutional right make me wonder what this country is coming to. I did it because I am an American. Had I consented to a search brought on by someone else's pyschosis I would have been a lesser man.

 

[JETX]

People who ask me this question, of why I invoked my constitutional right make me wonder what this country is coming to. I did it because I am an American. Had I consented to a search brought on by someone else's pyschosis I would have been a lesser man.

*** Christ, what an idiot!! How does your consenting to a search make you any lesser of a man??? Simply, the police got a report of suspicious activity and asked your permission. Of course, your denying it would be looked on as suspicious. What the hell planet are you from and what WERE you hiding???

 

[CdwJava]

Okay ... you would have become a lesser man ... how, I don't know - but I'll take your word for it. But, now you are a man without a boat and without a lawsuit. And while I admire a man with convictions, sometimes the path of least resistance is the best path.

And as was asked before, what did the harbormaster say that would qualify as slander? And who did he say it to?

Carl

 

[sfsailor]

CdwJava: Initially it was done and over. But then the Assistant harbormaster 2 months AFTER the original incident told a business man that I HAD a meth lab on the boat back then. I understand this to unquestionably be slander per se

JETX: I of course left out some details of the story that would help explain my reluctance to just let them search. I had sold the boat about 4 months prior to my friend, who was then living on it. Having not paid the full balance on what he owed me, I kept the boat and slip in my name. The people who reported the falsehoods had a vendetta against the new owner and I was not going to feed into this in anyway. If I didn't STAND UP for my friend, I wouldn't be me. Tell me what I idiot I am, when I ask why am I suspicious for knowing the principal values of our nation… Just tell me were you live so I am not anywhere around there. Freedom is an awesome responsibility and should not be taken with the path of least resistance. If not me, who? but God, Why I?

A girlfriend of mine once told police a fake story that was drugs in my house. The police then got a search warrant off of this girl’s word and came and searched the house. They searched the house for 4 hours and then left without even saying "sorry" or picking up their trash. When they left the place was a mess, furniture torn apart, shelves ransacked, gloves strewn here and there etc... This left a distaste for searches based on words in my mouth. No one ever offered any things but allegations when this happened, had they anything else I would of course allowed a search.

If you read my post u would see I called the police, not the other way around. I am not even today sure if the police got a report or if it was the harbormaster that got the report, hence one reason why I asked my question in the first place.

 

[CdwJava]

Check with an attorney. I doubt you will get one to take it on contingency. And unless you have a lot of money to push the issue in court, this will be throwing good money after bad.

Good luck.

Carl