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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Question Can I Sue Someone for Filing a False Police Report

    My question involves civil rights in the State of: Arkansas

    Things to know: I work at a police department (civilian position)
    I had two roommates, lets say Jim and Bob, who are brothers.

    My apologies if this is in the wrong category =X

    What happened:

    Jim had a job, Bob did not (but went to school.) While me and Jim were working, Bob would bring over a woman (lets say Melissa) and they would apparently hang out during their lunch break and smoke pot. Bob was only living at this location for about a month when I got a text message from Bob saying "don't freak, but Melissa's husband is mad and says he has an officer looking for me." I reply that it sounds like BS, and he replies back with the name of an officer I work with. While at work, I am told that the officer went into the parking lot after his shift was over and ran my tags, stating that "someone told me it was an officer's vehicle." Also, the officer is a personal friend of Melissa's husband.

    The next day, I send the officer an email, asking if we could compare notes (because the roommate wasn't telling me much.) I drive an hour out of the way to meet the officer, and the Drug guys pull up in two vehicles and put me in their car and ask me questions for about 30 minutes, I let them search my car, then they followed me to my home where they searched it and questioned Bob for about 30 minutes. Apparently, the wife wasn't telling her husband much, and he told the officer, and the officer told the administration that I had been trafficking large amounts of marijuana and selling it to Bob and Melissa (I had only seen this woman twice, when Bob forgot it was my day off and brought her over.) Also, I was supposedly the one that was running around with this guy's wife. After the search was completed, and nothing was found, they went on their way and I kicked Bob out. Jim came home and since he was paying for both of them, he had to move out as well, which created quite a financial strain on myself since I am having to take the full burden of the lease.

    I know her husband's name now, and I was wondering if I could take him to court over this, since serious allegations were brought against me and none of them were even remotely true.

    Thanks in advance,

    -t.m.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can I Sue Someone for Filing a False Police Report

    NO. You have no cause of action that would survive in court for long.

    What you do have, is an abuse of power. Using police power as a personal favor to someone.

    What you have is a complaint to internal affairs.

    Of course, there would probably be repercussions, but you can always sue them all later under whistleblower statutes and clean up.

    PS. You are lucky nobody at work smelled weed on your clothing. I had a local gov job and someone claimed I had alcohol on my breath. Total BS. They took me right to some doctor's office and did drug and alcohol tests, took blood and sent it to a lab. They were only supposed to do an alcohol test according to the exec director, but tested for everything. I got an apology at the end of the day, but it was still a nightmare.

  3. #3

    Default Re: Can I Sue Someone for Filing a False Police Report

    Well SOME of it was VERY true - you had a roommate who was buying pot and smoking it in your home - and it sounds like having an affair with a married woman to boot. When you work for a law enforcement agency, you're expected to have better judgement about who you're keeping in your company, much less living under your roof. If THEY are implicated in criminal activity, it's perfectly reasonable for law enforcement to assume that you might be connected or involved, UNTIL you've been ruled out, as apparantly happened here. As I'm sure Carl will tell you, a vast majority of both civilian and sworn law enforcement employees who get into serious trouble and even loose their jobs, get into that trouble because of things that aren't directly related to their job duties, but rather related to incidents or conditions at home or otherwise in their personal lives (related to roommates, people they are living with, people they are dating, people whose houses they just happen to be in when the SWAT team arrives, etc.).

    Exactly what quantifiable DAMAGES have you suffered that you would be suing for? Do you think a judge or jury will believe that you had NO knowledge that Bob was smoking pot in your home? Realistically? You're lucky to still be employed!

    Also, you realize of course, that unless you've got a restraining order against Bob, or have had Bob evicted in court, that he can sue YOU for illegal eviction - you don't just get to throw people out - even for smoking dope and getting you in trouble at work.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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