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Deformation

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quincy

Senior Member
Wife told police i was paranoid schizophrenia Deformation? Where to go from h

What is the name of your state?

What is said in a police report is considered privileged. This privilege protects a person who reports a crime or a suspected crime from a defamation claim if what is reported turns out to be false. The reason for this privilege is to encourage people to report what they see and hear without them fearing a lawsuit.

The privilege that covers these reports is a QUALIFIED privilege, which means the immunity from suit can be lost or defeated if it can be demonstrated the report was filed with actual malice - making a report that is known to be false with the intent to cause harm. Because a person's intent is difficult to prove, the privilege can rarely be challenged successfully.

Defamation claims require not only that what is communicated is false but the false statements result in reputational injury. With police reports, what is reported needs to be investigated to determine if the report has merit. In other words, the report is neither true nor false until an investigation is completed. This is another stumbling block for those considering a defamation suit over what is said in a police complaint.

Defamation laws vary by state so the state in question is important.
 

quincy

Senior Member
On the other hand, if the wife has communicated the claim to others beside the police and the claim is false, it can be judged defamation per se.

More facts are needed - the most important of which is the state name.
 

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