False Police Report Filed Against Me for Assault

[MrsC_]

Occurred on Military Installation. Co-worker 18, I am 53. She filed false report to management in Sept. - never found out why. Was investigated, I lost 2 weeks work, I was exhonerated of all claims stating accusations were unfounded. Since then, another co-worker has told me she has done this to 2 others that she knows of...has a history of this. She confronted me verbally and I refused to talk to her, told her she was "full of crap and I would not speak to [her]". I walked out. Next morning I was contacted by X.O. of the base telling me to get back to base; warrant for my apprehension was issued. Had to issue statement. She showed up the night of our talk, in security with arm scratched up. Said I did it. We never had a physical encounter. Voices were not even raised.

Question is...when this is said and done, what are my options? Can I hire an attorney and seek compensation for lost work, deliberate defamation, and intentional infliction of emotional distress. Can I press criminal charges? Would this be a misdemeanor?

Thanks so much for your time.

[cdwjava]

Were these criminal allegations reported to the military authorities only?

Can you prove no physical altercation occurred? Here's the problem ... there appears to be insufficient evidence to show that you did commit the act, and there is likely no proof to conclusively show you did not do it. But, you are certainly free to hire an attorney and sue this person anyway ... not sure it will be worth the expense, but that's your call.

[MrsC_]

Reported to the X.O. of the base. Not gone civilian. They spoke with me and I have to go back with Union rep to make statement.

I don't know what I can prove or disprove as I've not been given any details yet as to what I was supposed to have done..just that she has scratches on her arm and she says I did it. BTW, I have very short fingernails...always have. Physically an impossibility.

Part of the discussion was that she said I was trying to get her job. Silly since we have the same job, same pay, same type schedule, etc. and what she does not know if I have already interviewed and passed the first phase of being hired by one of the local police departments; pay is twice what I make now. And now I'm scared this thing will destroy me in the background investigation which is going on now. I'm trying to summon up the courage to call the investigative officer to tell him what has happened.

I am hoping the video cameras were on. If so, it's a done deal. I dunno. When I left I went shopping at Walmart, it's a 15 minute drive, did the shopping and the receipt shows the time I checked out. I was out of there within an hour of my shift ending. There was no time to attack her AND go shopping...(lol...sorry...I have to try to laugh or I will cry). There were people in the facility the entire time. There were people outside. I was on my cell phone talking to people as I drove home. So inspite of her saying I did....logically, practically...it just couldn't have happened.

What I'm afraid of is being handed a Title 13...meaning one is banned from a particular military installation. I really can't see it happening but that fear is there.

If they come back and the conclusion is she filed a false report, I know she will be fired...that's SOP; and she might be handed a Title 13....that would be nice for me to find out. But dang, she has to learn she can't do this. I would even donate any proceeds to a non-profit group. She has to know she can't do this.

[cdwjava]

Sounds like you will have to let the investigation go where it is. Typically, claims that involve completely conflicting accounts do not go very far as they cannot be proven beyond a reasonable doubt.

If you are in the background phase for a local police agency you should probably give the investigator the head's up on what is happening (though I am surprised anyone is hiring at all - most agencies are laying off, and if the state does not act on VLF funding about 4,000 cops will be unemployed on June 30th.)

Don't rely to much on the time thing as an assault can take moments, and very few clocks are set the same. There is a reason that we use the word "approximately" so often in police reports.

[MrsC_]

I appreciate your candor. I went in this morning to give my statement. Is difficult because I know all the guys/gals in there. The officer taking statement...bless his heart, he was torn. I could see it in his eyes. I think I felt more for him than for me. A very good man. As much as he felt I was not guilty (he did state it), I was given a citation and have to appear before the Federal Magistrate. Merry Christmas to me! I felt so bad...when he pulled out the citation I tried so hard not to respond emotionally, but I did. I started crying....had to excuse myself and get myself together before we could proceed. I felt so bad for him. It's difficult when it's a friend. Thinking how hard it had to be on him to do that. But as my husband said..if not him, someone else. And at least it was someone that knows me and treated me with the utmost respect throughout the interrogation process.

No evidence. Just her stating I did it and she had what looked like a huge scrape on her arm. No way it was a scratch..it was way too wide...regardless, I was put on administrative leave until it is resolved. Absolutely humiliating.

I went to my interview and straight off, before he wasted any time on me, told the investigator what had happened. I asked him if that just tossed me right out of the loop and I nearly fainted when he said no, it didn't. He looked up something on the computer, smiled, and handed me back my file. He said not to worry about it right now. He said I was the only one chosen for the position and they would wait a few months before reopening the position. I'm to call him after the disposition and reschedule the interview (assuming of course, I am found innocent). The position is Dispatcher. He said he had 4 background investigatons to do on police officers so mine would just be put at the back and he wouldn't get to it for about a month or so anyway.

Things may turn out well, they may not. I still need an attorney....*smiles*. And I assume I have a fight ahead of me.

According to the rules here I can't say where I am specifically, but I will say it's absolutely southern.

Again, thank you for your comments. It was actually a bit of a comfort reading them. I appreciate your time.

[MrsC_]

okay..another question, if anyone knows the answer....

I have been waiting patiently to get something...anything in writing on this "assault". I realize it is military but it seems there have to be some laws here relating to that.

It's been almost a month...I recieved the "simple assault" citation...and was told I would hear from the Federal Magistrate. The military police are still investigating....the Federal Court does not even have the report yet. I have not been told what she said I did, other than she presented scratches on her arm and I was told she said I did it. I asked what time she called in the report and I was told, "you will find out when the investigation is completed". I have asked what I supposedly did to her, what the fight was about, and was told the same thing. I asked if they had viewed the video tape yet and when could I see the tape and was told "again, it is still being investigated".

This is reaching ridiculous. I was put on administrative leave without pay... my background check for the police department is on hold (very nice of the investigative officer, I might add..but still...). My final paycheck today reflected only one day's work when I worked the entire week previous, and no one will talk to me. They all say, we can't speak to you until the investigation is complete.

What the heck is going on? Does anyone know what my rights are here? I have no clue. And I'm a pretty sharp lady. I look up generics but that doesn't help.

Can't very well hire an attorney without knowing what's going on. Won't I look stupid. What did you allegedly do? I dunno. When did it allegedly occur? I dunno. What damage alledgely done? I dunno.

Feeling utterly helpless. Any suggestions?

Thanks for any and all comments.

[MrsC_]

My question involves labor and employment law for the state of: California

Please see this link for the first post I made on here: http://www.expertlaw.com/forums/showthread.php?t=112313

This has become so entangled. I am hearing...you need a civil attorney, you need a criminal attorney...labor...workers comp....My head is spinning. What I need is just direction on which way to turn... then I don't have to bother y'all on here unless you are just interested in how all this turns out....

Peyton Place 101...this is a hornets' nest

1. It has been almost a month and no formal charges filed. I have the Federal Citation and am told it is still under investigation and it will go the Federal Magistrate when completed. I'm getting ancie. I have 3 more weeks before my background investigation is continued with the police department. I am panicking. If it is not over, I will be passed over and they will open up the position for new applicants. How long to they have to actually press charges? Do I go ahead and hire a criminal attorney and sit and wait?

2. Lots of thinking time. A few things came to mind that occurred and new issues are now on the table. FOIA. The girl accusing me of attacking her...she had told me that I had threatened her husband and herself. She stated I threatened his military career because he was continually "messing up my prescriptions". And they she told me just what he was doing. Well..he was...but how the heck did she find out about this? Everyone in medical knows...when he messed up, someone else has to call another Doc in to fix it and get a new script. He did this 3 months in a row. I spoke with my primary Doc yesterday and she stated it was indeed a "huge violation" of FOIA and could indeed threaten his military career. At this point, I don't care anymore about anyone's careers...I care about surviving this and coming out with an unscathed name. Do I hire an attorney on this? I am thinking now that the Doc knows, she is a Lt.Cmdr., that she will deal with it. I did not ask her specifically if she would.

3. During the day that we worked the same shift, one of the civilian police officers entered the facility. She began asking him questions about owning a gun on base...how did she get one? does the C.O. have to approve it? could it be concealed? could she bring it to work? And then made statements about loving to shoot "glocks" and finding good targets. I just listened to them speaking as he told her the procedure for being given permission. End result was pretty much...."the C.O. ain't gonna let you have a gun". When I remembered that, I freaked out. Is the gun intended for me? To scare me? I wrote up a memo and submitted it to Security (on base) giving the name of the officer, etc. so they could follow up with him. But I am indeed concerned and I have stayed away from the base.

4. My appointment yesterday with my doc was to discuss some anxiety I am having about the incident and my fears. I do not have any history of anxiety of any kind. I'm laid back, calm about just about everything. I have never been so consumed with anything before in my life. My doc has put me in the referral system to speak to a psychologist. She feels I have slipped into a "depression" and need immediate attention. When driving around base, I am constantly looking around me, worried she is going to appear and go off on me or accuse me of doing something else. My quality of life has fallen to an alltime low. I am fighting with my husband constantly....I am on the defensive with everyone, including my kids. I stand staring out the front door just looking at nothing and before I know it, I look back into the house and it's been an hour since I opened the door and looked outside. I just stand and stare. Going to a psychologist..is this covered under workers' comp? I am on administrative leave and don't have the money for copays. Not sure what to do. Do I file a worker's comp claim and hire an attorney?

I'm told she will end up being fired once I am exhonerated and will probably be given a Title 13 from the C.O. (banned from this particular military installation). Do I need to get a restraining order? What's to keep her from finding me anyway if I do get one?

I am stuck in limbo..no job..no one's going to hire me while this is going on. Do I qualify for partial temporary unemployment? Is it even worth it? If it is cleared up in a few weeks, I don't see how I could even get benefits before it's over with, so what's the point? I need to pay bills now, not in a month.

I hope you are following all this....cuz it gets better...

September 10, 2010....the girl started working maybe 10 days before that. On September 5th I was assigned to train her that afternoon/evening. It was the first time we'd met. No problems occurred..we didn't really talk. She was very quiet. On Sept 8 I get a phone call....I had to go in on the 10th for a meeting. I showed up and the secy/asst, my manager and her boss were there. I was told "5" accusations that were made against me by this girl. Up til this time, I had absolutely no problems, no write ups (worked there a year), no issues. I was accused of 1. stating the department was "stealing" from us, 2. stating my manager did nothing all day but sit at her desk and watch videos, 3. constantly talking about my manager behind her back, 4. being disguntled with my job and the department, and 5. confronting and fighting with a patron, 6. using my cell phone throughout the shift (forbidden) and 7. using the patron computers while on my shift (forbidden)....all during the 6 hour sunday shift with this girl. My keys were taken from me and I had to answer all accusations in writing. I was placed on administrative leave and removed from the work schedule. I responded to each accusation...mostly ... um...it's a lie. And I asked them to view the video coverage from that shift to see none of that happened. I asked 4 times for them to pull the video and view it. No one would. It was investigated and the findings came back unsubstantiated. But the damage was done. Although I was told I was exhonerated and it was found to not be true, the manager reduced my hours from 36 a week to 8 and wrote up a statement advising me that I was not at any time to use my cell phone or the military computers while on shift. I made a comment on the form that I understood my manager's statement and that at no time have I ever done either but as a military dependent had the privilege of using the computers while on my own time if I so chose to.

From Sept until the latest accusation last month, I was working through the Regional HR Director and the Facility Director to try to get my manager to get off my back...she has been rude, not speaking to me, making rude comments to me on shift; hours between 8 and 10 a week, giving the other hours to this new girl. I filed 4 formal complaints for treatment. Both Directors were trying to get the manager to put me back on the schedule. She refused stating I am a flex employee and she could do anything she wanted.

Prior to this incident...the week before, I had contacted our Union and asked for help. So when this happened, the Union President jumped in and was starting to work with the department to get things fixed.

So...what do I need to do? Do I even have legal basis for anything or is this just a ... lady you got screwed, be more careful next time, kinda thing? As I sit here, I'm feeling that pain again and finding it difficult to even concentrate..so before I wander off into lala land and lose y'all completely...does anyone have any thoughts? In dealing with the Federal Gov't, military, unions, etc....dang..do I even have any rights here?

Unemployment in this area is the highest in the nation. There are no jobs. I need this one so badly. Do I have legal options?