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Being Sued-Anyone Ever File a Countersuit?

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  • Being Sued-Anyone Ever File a Countersuit?

    For those of us that are active, and have been doing the job some time we sometimes get the pleasure of being sued. I was served with my court papers the other day along with a few other officers on my shift. This is a frivolous claim where there was no wrong doing, nothing but lies upon lies inserted in the lawsuit. I am so tired of seeing these with no accountability or action taken against those who file them. I received some legal consulting, but they say it is basically not worth my time or theirs. However, when people search me now they can see I have been involved in a lawsuit. Not to mention I am in the process of trying to obtain a new mortgage.

    My question is has anyone been successful or no anyone that has been successful in a counterclaim? This is NOT about obtaining money, as the individual probably has nothing. This is more about principal and holding people accountable, but most of all inconveniencing them as much as they are inconveniencing us.
    "In valor there is hope"

  • #2
    The in inconvenience to you is going to be outweighed by any you cause to the other party.

    I got assaulted last year while arresting a DWI suspect. Workers comp paid all my medical bills and I got paid while I was out. However I got a few small bills and copays along the way that weren't sent to comp. $20 here $30 there added up to a little bit over time, but it was easier than not paying and having to fight comp and collections. I thought about suing him in small claims court for the piddly amount of $150 just ta be a dick. Then I realized how much headache it would be.
    I make my living on Irish welfare.

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    • #3
      I figured as much, sorry to hear bout your experience. I'm growing more tired as the years go on with the lack of support in some areas of our proffesion. I still have plenty of fight left and will not give up the honor of this career.

      Sent from my SM-N910P using Tapatalk
      "In valor there is hope"

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      • #4
        Case law prohibits it in California. I can't find the citation off hand, but the essence of the courts decision is - even though there is a law specifically allowing it, the courts will not support suits by police officers for false complaints because doing so will have chilling effect and dissuade people from making legitimate complaints against officers.

        Case law in this matter was (unfortunately) made by an officer who used to work for me. Back in the 1990s he sued for a blatantly false complaint and won. The citizen appealed and the matter went all the way up to the state Appellate or Supreme (I don't remember which) which issued the above ruling. My officer wound up having to pay close to $100k in the other guy's attorney's fees.
        Going too far is half the pleasure of not getting anywhere

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        • #5
          The atty said it was not worth the time or effort. It still leaves you steaming mad.

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          • #6
            When you sue, it is you who become the one who must supply all discovery...complying with all they want and expect. They don't have to show a thing to you as they are playing defense. You will be the one supplying materials which have NOTHING whatsoever to do with the matter you're suing about, but they will make use of every past disciplinary process against you, every evaluation, past supervisors & partners who did NOT like you, ex-spouse(s), neighbors.

            In 1992, I was once one of three defendants in a civil suit, working LAPD post-Rodney King. When the verdicts came down, it was 10-2 favor for the officer who had hurt the woman, 11-1 for the sergeant at scene, and 12-0 for me, the back-up officer. The Deputy City Attorney whispered to me, "Clear finding in your favor is an automatic win in civil court if you wish to pursue it against them" The family had nothing, was likely to have nothing, and I really wanted to never see their faces again. I let it go, and rarely, if ever, think about them today.

            Your anger is justified. Just be glad to be rid of them...unless they win the Lottery and have million$. Otherwise you just get a portion of their misery to call your own.
            Last edited by Kieth M.; 07-22-2016, 02:20 PM.
            "You're never fully dressed without a smile."

            Pain is inevitable, suffering is optional.

            Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

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            • #7
              Thank you everyone for the great advice. I'll just let it go at this point. Not easy when so many lies are thrown your way though.

              Sent from my SM-N910P using Tapatalk
              "In valor there is hope"

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              • #8
                Not easy when so many lies are thrown your way though.
                Talk to a lawyer, not to random people on the internet.

                All the bad stuff they say will happen will happen anyway.

                Get a realistic assessment from an experienced lawyer.

                When you sue, it is you who become the one who must supply all discovery...complying with all they want and expect.
                Possibly. Is the plaintiff having to comply with such demands from the OP's lawyer?

                Whatever your current defense is demanding from the plaintiff is more or less what they will demand from you if the tables are turned.
                Last edited by tanksoldier; 07-24-2016, 10:07 PM.
                "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

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                • #9
                  Originally posted by tanksoldier View Post
                  Talk to a lawyer, not to random people on the internet.

                  All the bad stuff they say will happen will happen anyway.

                  Get a realistic assessment from an experienced lawyer.



                  Possibly. Is the plaintiff having to comply with such demands from the OP's lawyer?

                  Whatever your current defense is demanding from the plaintiff is more or less what they will demand from you if the tables are turned.
                  Probably more apt to get better advice from officers that have been there than some dumb *** atty.

                  You just have to think about the size of the smile on your face when you win. Is that worth your time?
                  Last edited by MIoffic3r; 07-25-2016, 08:45 AM.

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                  • #10
                    You guys that are Union need to pay up for legal insurance. It was like 250 bucks a year added to union dues. Every disability charge and every lawsuit I had free attorneys to represent me.

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                    • #11
                      Originally posted by The Constitutionalist View Post
                      You guys that are Union need to pay up for legal insurance. It was like 250 bucks a year added to union dues. Every disability charge and every lawsuit I had free attorneys to represent me.
                      Check the fine print, it does not cover countersuits. I have that additional coverage through National FOP.

                      Sent from my SM-N910P using Tapatalk
                      "In valor there is hope"

                      Comment


                      • #12
                        Originally posted by L-1 View Post
                        Case law prohibits it in California. I can't find the citation off hand, but the essence of the courts decision is - even though there is a law specifically allowing it, the courts will not support suits by police officers for false complaints because doing so will have chilling effect and dissuade people from making legitimate complaints against officers.

                        Case law in this matter was (unfortunately) made by an officer who used to work for me. Back in the 1990s he sued for a blatantly false complaint and won. The citizen appealed and the matter went all the way up to the state Appellate or Supreme (I don't remember which) which issued the above ruling. My officer wound up having to pay close to $100k in the other guy's attorney's fees.
                        I'm surprised PORAC has not tired to get something done about this over the years.

                        Comment


                        • #13
                          PORAC can't get traction...
                          Now go home and get your shine box!

                          Comment

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