Filing a False Police Report / Defamation

[someone55]

Recently a family member made a false allegation and the police took me first to a psychiatric ward, then to a State hospital, where I stayed for three months, all because of these false allegations. The allegation was "threat to kill myself and brother, and others". It must be stated that I have made motions towards a civil suit against this brother for embezzlement. He has protested every step of the way, though admitting to embezzling "some", in an effort to convince me to settle without a lawyer. I believe he made this false claim to discredit me, and disturb me while I am trying to execute this legal actions against him.

Here is something: "Police officers are responsible for checking out the validity of each complaint and prosecuting those who cry wolf."

Now, I did not know the allegations until I was isolated involuntarily within the confines of a psychiatric ward, by a women with a clipboard. No mention of these allegations by police, or in the so called intake area of this hospital, while you are being evaluated by a doctor you never meet or see. This is quite wrong, and I want to know if my rights were violated. With no in person meeting with the doctor, it becomes quite mysterious, especially when after admitted, you find the allegations that were false, that resulted in being admitted.

The police did nothing further then take me to the hospital. They did not question me, did not present me with the allegation, and did not look into things that might have told them whether such a claim was legitimate? Their negligence cost me much misery and pain, and allowed someone who has committed embezzlement, to get away with making a false allegation with intent to cause problems and suffering.

This is a serious infraction to my constitutional rights, or more correctly, my civil rights, and quite a violation.

"It's one thing to call 911 with a false emergency or complaint; it's another to personally visit the police station and provide a formal, documented complaint. In an incident report, the officer notes the nature of the alleged complaint, the time and date it allegedly took place and is reported. The alleged suspect is also noted in that report. In some cases, the complainant is required to sign a statement that could be used against him if he is lying."

Are not the police who acted on this responsible for following my requests for paperwork (police report my brother gave), and investigating this false allegation. Can I demand that this get addressed, and if it does not, does that equate the police denying me my rights thus a civil rights case? Do I petition the DA?

 

[TheGeekess]

Short answer: No.

 

[CdwJava]

Recently a family member made a false allegation and the police took me first to a psychiatric ward, then to a State hospital, where I stayed for three months, all because of these false allegations.

The police responsibility ended when they delivered you to the proper mental health authorities. if you were held for three months it is because mental health professionals - and likely a court - agreed that there was good cause to detain you for that amount of time to evaluate and treat you. Your extended detention was NOT as a result of someone's false allegations. The allegations may have gotten the police to your location, and may have contributed to your initial detention and delivery to the mental health professionals, but the extended detention was NOT the result of that complaint but as a result of the evaluation of mental health professionals.

Here is something: "Police officers are responsible for checking out the validity of each complaint and prosecuting those who cry wolf."

Where did you get this interesting little statement? And what does it have to do with anything?

This is quite wrong, and I want to know if my rights were violated.

Probably not. But, you can always consult legal counsel and ask if he or she will look into the matter for you to determine if everything was done by the numbers.

Generally, it takes a mountain of paperwork to involuntarily commit someone so it is not likely something done lightly and with little concern for your rights.

The police did nothing further then take me to the hospital. They did not question me, did not present me with the allegation, and did not look into things that might have told them whether such a claim was legitimate? Their negligence cost me much misery and pain, and allowed someone who has committed embezzlement, to get away with making a false allegation with intent to cause problems and suffering.

They do not need to conduct an in depth investigation of the claims. They take the claims, make their own observations, and then turn you over to a mental health professional. Anything after that is not their direct concern.

Are not the police who acted on this responsible for following my requests for paperwork (police report my brother gave), and investigating this false allegation. Can I demand that this get addressed, and if it does not, does that equate the police denying me my rights thus a civil rights case?

You can demand anything. Thy do not have to follow up on your demands.

 

[someone55]

The police responsibility ended when they delivered you to the proper mental health authorities. if you were held for three months it is because mental health professionals - and likely a court - agreed that there was good cause to detain you for that amount of time to evaluate and treat you. Your extended detention was NOT as a result of someone's false allegations. The allegations may have gotten the police to your location, and may have contributed to your initial detention and delivery to the mental health professionals, but the extended detention was NOT the result of that complaint but as a result of the evaluation of mental health professionals.

This is utter nonsense. I was denied leaving from the facility directly due to false allegations. I was told this when I met with a director some two weeks into the facility. The doctor evaluating me, told me that he believed that I did not make any threats, but, the beauracracy of the institution is so that something called a 'treatment team' is the ultimate one group deciding on such issues.

It was not until I met with a legal specialist who agreed I had no reason to be in the facility, that I began to make headway into combating the beauracracy of this horrible institution, and eventually get out.

Once out, in some transitional living, the professionals there did not know why I was sent there, why the facility did not just release me.

There are some serious violations that happen within these facilities, and there are no precepts for their actions as to whether one needs to be in there or not. For one, there are identifying symptoms of schizophrenia and other mental illnesses, and these people need to be confined within an institution, and treated. Others fall through the cracks, such as some drunkin' episode, or possession of controlled substance, or my case, and these so called professionals treat all like farm animals.
That is a crime.

As for the false allegations, the police should have arrested me, taken me into custody, an made an investigation. Not knowing the allegations until I was confined to a psyche ward is utter non-sense, hence affording me an undue intake that resulted in my admittance to the psyche ward involuntarily. Where is due process? It is fraud every step of the way. Why is that so? Because with intent, my brother made a statement that was utterly false, and based on that statement I was sent to a psychiatric facility, and remained there due to these false allegation, until I got legal assistance in remedying this situation. I committed no crime, made no threats, am mentally sound, but all was initiated by a false claim, and intended act to do me harm, and an illegal one.

"False reports to law enforcement authorities.
(a) Falsely incriminating another.--Except as provided in
subsection (c), a person who knowingly gives false information
to any law enforcement officer with intent to implicate another
commits a misdemeanor of the second degree."- False reports to law enforcement authorities - 18 Pa. Cons. Stat. § 4906 - Pennsylvania Attorney Resources - Pennsylvania Laws

So where to begin addressing this grave violation, defamation of character, and intended false allegation and lying to police that got me incarceration for three month, unneeded, in a state hospital.

 

[CdwJava]

This is utter nonsense. I was denied leaving from the facility directly due to false allegations.

No. That's not how it works. Medical professionals made the decision to detain you further.

It was not until I met with a legal specialist who agreed I had no reason to be in the facility, that I began to make headway into combating the beauracracy of this horrible institution, and eventually get out.

Then speak to this "legal specialist" about helping you with an attorney who can look into the whole matter.

So where to begin addressing this grave violation, defamation of character, and intended false allegation and lying to police that got me incarceration for three month, unneeded, in a state hospital.

Start with an attorney who can review any reports and records and make a determination as to whether you have a case or not.

 

[someone55]

Thank you for your suggestions. I do believe that the police have a responsibility to look into this without me having to get legal assistance. It is their responsibility, and anyone breaking the law by reporting false claims that results in them responding, should be charged and jailed. I will be making calls to the department in which I believe this claim was put to.

 

[CdwJava]

Thank you for your suggestions. I do believe that the police have a responsibility to look into this without me having to get legal assistance.

Actually, no. The police response to reported crimes is almost always a political decision. In other words, discretionary. Aside from certain sex crimes, domestic violence, child abuse, senior neglect, and a couple of others, state laws do not tend to mandate that the police investigate any and all reports nor do they define the nature or extent of that investigation.

It is their responsibility, and anyone breaking the law by reporting false claims that results in them responding, should be charged and jailed. I will be making calls to the department in which I believe this claim was put to.

You are free to do so.