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Sued & Settled; Countersue for Defamation and Donate?

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  • Sued & Settled; Countersue for Defamation and Donate?

    Here's a question which was brought to me by a friend on an adjacent dept. He was sued, his organization settled because of the cost of trial even though there were a million people who said what the plantiff said and did was wrong. The officer was thinking of looking for an attorney to countersue for defamation because of the publicity and donate the money to charity. I didn't really know what to tell him and a brief internet search didn't really tell me much.

    Has anyone ever heard of such a thing, and, if so, success rate?

  • #2
    This is what I know about that, as I have been down that road. IT IS VERY HARD!!!! Here is a couple of problems, as they were told to me by an attorney and a judge that I trust. Most juries don't really like cops and they aren't going to be inclined to give you any financial award, or at least one big enough to offset your attorney fees. Also, you have to be able to show that this caused you harm in the way of promotion, loss of pay, pain and etc. Then there is the bullcrap that cops are considered "public officials" which makes it even harder to successfully sue someone. Add to that your dept (especially if it isn't a big dept) isn't really going to like the publicity your suit will bring to the agency and govt unit. Also, the douch* that you sue doesn't have any money to go after anyway, including the money he was given from the settlement because he has already drank it or snorted it.

    In the end, you just have to give in to the fact there isn't sh*t you can do really and just remember this.....this turd will be dealt with again in the future.
    Calling an illegal alien an "undocumented immigrant" is like calling a drug dealer an "unlicensed pharmacist"

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    • #3
      It depends in part on state law. Chances are, however, that as part of the settlement your employer released your claims. In California, you would have no claim at all.
      Facts do not cease to exist because they are ignored. -- Aldous Huxley
      Two things are infinite: the universe and human stupidity. -- Albert Einstein

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      • #4
        Doubt you could find a decent lawyer willing to try the case.
        Last edited by ryker; 03-29-2012, 08:43 AM.
        Any views or opinions presented by this prenomen are solely those of a burlesque author and do not necessarily represent those of a LEA or caementum couturier.

        nom de plume

        This is the internet- take all information with a grain of salt. Such could be valid and true or could be typed just for playing devils advocate.

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        • #5
          I don't see how something like that would even get filed.

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          • #6
            I've heard of lawsuits and criminal charges for filing a false report against people who filed false complaints against an officer. But the only thing I found online was some attorney's website saying to check with the PBA/FOP.

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            • #7
              Originally posted by madchiken View Post
              I've heard of lawsuits and criminal charges for filing a false report against people who filed false complaints against an officer.
              About 15 years ago a couple of my colleagues got a judgement against a man who'd falsely accused them of misconduct. That was all they got. The guy had no money or assets worth going after.

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