Can I bring a small claim against someone for defamation of charact. and slander to injury and falsifying info to a policeman?

Asked about 1 year ago - Farmingdale, NY

This exboyfriend I dated for a year in 1998-1999. Years later his older brother and I hooked up and dated a few months(lived together)and then split 2006. In May 2013, out of the blue this exboyfriend, who I hadn't seen in years, who was resentful at his brother and I dating, decides to tell police I am "crazy" , that I have a "violent" streak ,and a "stalker"! By him saying the false slanderous words it harmed me so badly, discrediting me and caused a 24/7 surveillance in and out of my home, without me even seeing a judge to defend myself! This ex, even went to my last boyfriend of 3 1/2 years and told him I was crazy, coerced him to join in and create this false image of me! After his bro and I split a few years passed, he turned to heroine. I think he blames me in some way, but his bro

Additional information

brother s' addictions have nothing to do with me. And he is trying to put guilt on me and destroy my life because of it. This is about him defaming my character with lies of me and who I am as a person. How would he feel if it was done to him? I have no privacy and he was a part of this process wrongfully based on his own vendetta, and spitefulness, blaming me for his brothers' addictive personality. It has nothing to do with me. And for him to make up stories to the cops is a lawsuit. I shouldn't have to move because he is filled with spite. I grew up there and schooling he didn't. and I know some nice people from the area neighborhood, for years. I don't know how he can get any immunity based on lies and me not being present in a court room with a sentence of myself?????

Attorney answers (8)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . An opinion is not defamation.

  2. David Ian Schoen

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Sounds like you need to move, pick better boyfriends and get appropriate therapies. A small claims action is not going to help you, especially since it appears that these guys are unlikely to have any assets which can be used to collect a judgment.

  3. Eric Edward Rothstein

    Contributor Level 20

    9

    Lawyers agree

    Answered . "Crazy", "violent" and "stalker" sound more like opinion that you cannot sue over than defamation, which you can. In addition, your ex-boyfriend's report to the police is probably protected by immunity. I do not see a case worth pursuing here.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  4. Brian C. Pascale

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . Hidden cameras in your shower are not something police would do. What makes you believe that there are cameras there, or elsewhere in your home? 24/7 surveillance is also unlikely based on the statements you believe were made to the police. Have the police contacted you?

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  5. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . You have no viable civil cause of action. Additionally, Farmingdale is uniquely partly in Nassau County and partly in Suffolk County. Either way, neither the Nassau nor Suffolk police have the resources to surveil you 24/7, especially for the reasons you cite. Now, if you were slinging heroin (heroine is something different) at the rate of kilos a day, they might take an interest. You're not doing that, are you? Forget the exes. And if a boyfriend of 3 1/2 years is susceptible to the paranoid rants of an active junkie, you are likely to be well rid of him. Pick yourself up, pull yourself together, rest easy in the knowledge that you have done nothing wrong (except make some bad decisions when it comes to men), exclude these losers from your life and move forward. Best of luck to you.

    We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO... more
  6. Philip Anthony Fabiano

    Contributor Level 20

    6

    Lawyers agree

    Answered . Based solely on what you present here there is no claim for "defamation." You say he told police you are crazy and violent and a stalker. Why would the police pay any attention to these "opinions?"

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  7. Michael Andrew Mullen

    Contributor Level 3

    4

    Lawyers agree

    Answered . I do not see a viable cause of action.

  8. David A. Papa

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree with the other attorney's I'm not seeing a cause of action.

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