What are the ground for suing for slander, libel, defimation of character and emotional distress.

Asked about 4 years ago - Suffield, CT

I am being accused of breaking into 2 cars at a school that I don't even go to. One of the kids filed a report with my name and two of my friends names even though we had absolutly nothing to do with it. The school also has been saying that they are leaning tward a kid from Suffield CT. Once again I had nothing to do with this situation as I live an hour away from the school and do not have a vehichle

Additional information

Also there are 3 kids who have been telling everyone that I was paid to do it.

Attorney answers (1)

  1. James C Wing JR

    Pro

    Contributor Level 13

    Answered . The two elements that a claimant must prove in a defamation case are harm to one’s reputation and a false statement. Defamation is divisible into the categories of libel, usually printed forms of defamation, and slander, which is usually comprised of oral statements.

    If you are arrested and subsequently can prove (1) that you were found not guilty or that the case concluded because the State’s Attorney decided not to prosecute, and (2) there was no probable cause and (3) that the complaining party acted with malice, you have an action for malicious prosecution.

    You should consult with an attorney to learn more and because you will need obtain and preserve evidence if you might want to proceed with a lawsuit.

    I hope you find my response to be helpful and informative. If you do, please click the thumbs up icon. If this is your question and you find my answer to be the most helpful, please click best answer. I appreciate feedback.

    My answer is not legal advice and does not establish a client/attorney relationship. It is impossible to give complete advice without having a thorough discussion of the facts because the question may not be a complete or accurate description of the problem and there is no chance to ask a follow up question. Laws are different from jurisdiction to jurisdiction and frequently change. So, please, do not act on any information provided without consulting with a lawyer licensed to practice in your jurisdiction who has experience with the kind of issues that concern you.

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