Asked over 1 year ago - Hempstead, NY
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Your Question:
My husband took my cell phone I tape recorded him as I asked for it back. I tried to call the police to get it back but my husband kept hanging up the phone. I stated I was going to the corner to call 911 since he kept hanging up the phone and I have the entire incident on tape. When I went outside my husband called the police and stated I pulled a knife on him. I was arrested and removed from our home, our children and my job. I was written up in the newspaper and on the Internet
Do I have a case?
I'm not sure how any of what you recorded is proof that you didn't threaten him with a knife but that is one of the problems of these limited fact statements. In fact I think it's possible in theory that both "could" have happened. What happened to the menacing case that you were charged with? Did you play this tape for the police and then they still arrested you? Why were you trying to call the police in the first place? Because he took your phone? It sounds like there is a lot more to this story than you posted. Feel free to call me at 212-385-8600 if you'd like to discuss this properly.
You will likely have more luck suing him for emotional distress than just for slander alone. Judges and juries do not generally favor defamation class (i.e., slander and/or libel) unless there is damage that can be demonstrated. You will also have to prove actual damage with the emotional distress claim, but that might be easier to show.
Sent from an iPhone of the Law Offices of Steven E. Savage
I don't see a libel case against the paper because it just reported the information given by the police. As for suing the police, generally the police can rely on information given by an identified citizen (your husband) but there could be a claim if they failed to listen to the tape assuming you asked them to. The tape would have to cleary show you didn't pull a knife. How long were you in jail? That would determine whether an attorney is interested in the case as Nassau County fights these cases very hard. You need to serve Nassau with a Notice of Claim within 90 days of the incident. You can sue your husband for giving false information to the police too but unless you are leaving him and he has lots of money to collect, there is no point.
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