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  1. #1

    Default Sued by an Abusive Ex for Supposedly Lying in a Police Report

    My question involves civil rights in the State of: Tennessee.

    I was assaulted 7 months ago. The original charges included aggravated kidnapping, especially aggravated kidnapping, and domestic assault. My son was also involved. The offender was at the time my boyfriend whom am I tried to break up with.

    The prosecuting attorney did not feel that he could prove kidnapping, with the evidence available, and offered a plea to domestic assault and reckless endangerment.

    My ex boyfriend took the deal and plead guilty to both charges.

    He has now filed a lawsuit against me personally for civil rights violations. He alleges that I lied in my police report to get revenge on him for cheating on me.

    I don't even know what to ask....
    I mean, he pled guilty. He did also file motions to try to get his guilty plea thrown out, but I have been told by the prosecuting attorney's office that it is very unlikely that his motion will succeed.

  2. #2
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    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    Unless you're an agent of the state, you're not being sued for a civil rights violation for making a police report (or you shouldn't be if the plaintiff knows anything about the law). If you have been sued, it should be for something like malicious prosecution, and even then the complaint would have problems under the facts that you have shared.

    In order to prove a case for malicious prosecution the plaintiff must prove that (1) a prior suit or judicial proceeding was instituted without probable cause, (2) the defendant brought the prior action with malice, and (3) the prior action was finally terminated in plaintiff's favor. With a guilty plea having been made, which would involve the defendant stating facts under oath and on the record to substantiate that he committed the charge to which he was pleading guilty, a criminal defendant cannot prove that the prosecution was terminated in his favor. Thus, this lawsuit would appear to be going nowhere.

    Does your ex- actually have a lawyer? If this is a complaint that he cooked up and filed himself, that would explain why he is suggesting that you supposedly violated his civil rights, because he doesn't understand the law.

  3. #3

    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    Thank you and I did not mean to post my question twice so I apologize for that I went to look for it after I posted it to see if they're on your responses and I couldn't find it

    Playing devil's advocate, if I were in his shoes, what would be my most appropriate legal recourse? If any?

  4. #4
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    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    If you were in his shoes, I would tell you to get over it and move on with your life.

  5. #5

    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    He does not have a lawyer. I have not yet seen the actual file because I have to go pick it up, but what is the likely outcome? Will this actually go to court, or should it just be dismissed without any other action?

  6. #6
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    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    Quote Quoting Eph612Mom
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    He does not have a lawyer. I have not yet seen the actual file because I have to go pick it up, but what is the likely outcome? Will this actually go to court, or should it just be dismissed without any other action?
    That isn't how it works when you get sued. You are supposed to be served. If he doesn't do that properly the suit isn't going to go further.

    Where are you supposed to pick up the file?

  7. #7

    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    U.S. court building downtown, records office.

  8. #8
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    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    Quote Quoting Eph612Mom
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    U.S. court building downtown, records office.
    And who has told you that you are required to do that? If its your ex, ignore him. If its someone else, please tell us who, because that is not the way that service normally works.

  9. #9

    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    I told you I have not been served. I learned of the lawsuit via Google. I requested the records of the lawsuit with a case number to the Records Office. He had filed one before but filed the wrong type of law suit or under the wrong law or something like that and it was dismissed before I was ever served.

  10. #10
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    Default Re: Sued by an Abusive Ex for Supposedly Lying in a Police Report

    If you haven't been served then this one will be dismissed as well or at least won't move forward.

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