You can sue for defemation. There could be defenses though.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
You need to talk with a New York lawyer than handles defamation. Beware that the news media here in the US has the benefit of several legal defenses. Look for an attorney right here at www.avvo.com
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
I'm sorry for your loss and for the circumstances which led to the question. Unfortunately, my understanding is a bit different, that only the defamed person has the right to bring a cause of action for Defamation in NY . See Rose v. Daily Mirror, Inc., 284 N.Y. 335,337 (1940). In that case, which i believe is still good law, the court held that to allow the survivors to recover for defamation of the dead in this situation would be a “far-reaching” departure from New York’s long-standing law. I suggest that you speak with someone who handles defamation cases in the jurisdiction you seek to bring an action as the laws , and their interpretations, can differ.
Some of the information posted here is, unfortunately, quite misleading.
Black letter law: in New York you can't defame the dead.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
A claim for libel ends with of the person who libeled your son. There's no cause of action for the hurt you suffered;
Do not respond in kind: don't make slanderous statements about the reporters or police involved. Any false and defamatory statements made about them will give them a basis for suing you.
If you still have doubts, and still want to sue, you should consider having a consult with a lawyer familiar with defamation law. Although the story is about Canada, I believe that any suit should be started in NY, as that is where the allegedly slanderous statement was made.
I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice, even to questioners in NY, and no attorney-client relationship is hereby created.
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