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  1. #1

    Default Suing for False Information Stated in Police Report

    My question involves defamation in the state of: New York

    My former girlfriend and mother of my oldest child has made several false statements in police reports in which she has accused me of being an "alcoholic, drug user, and suicidal." I have confronted the police in regards to the alleged statements and the police have said that she did not lie technically as a police statement is a compilation of information regarding the suspect and incident which had occurred, so the police may make an informed decision about who they are pursuing and given the situation. However, the police statement is supposed to be sworn to be true by the complainant and lying on such a document is supposedly punishable as perjury.

    Do I have a legitimate case against my former girlfriend?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Suing for False Information Stated in Police Report

    What are your damages? You don't get civil relief just because someone else commits a crime.

  3. #3

    Default Re: Suing for False Information Stated in Police Report

    People don't get arrested for being alcoholics, for being suicidal (that's a different type of custody, and would be based on more than just her opinion), or for being accused of being a drug user, without supporting independent evidence. So, what damages do you have? Law suits are all about what damages you can prove. Your ex simply telling police that she thinks you're a scumball doesn't in and of itself give rise to a case for damages.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Suing for False Information Stated in Police Report

    If you believe you have a case against your girlfriend, consult an attorney, articulate your damages, make a claim to her for the amount of money that you believe would make you whole, and when she refuses to pay hire that attorney to sue her.

    I doubt you will prevail, but if you have the money to pay for an attorney )and can find one willing to sue for what she said to the police) then it is your money to spend on the endeavor.

    Her opinion of your mental and emotional state, and whether you abuse drugs and alcohol to excess, is just that - her opinion. Informing the police of this opinion is not generally going to be actionable. If she were to call your boss up and accuse of all these things then MAYBE you might have a case. Maybe. But, depending on the circumstances under which this got to the police, it is probably not actionable.

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