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Can I sue a neighbor or two for constantly trespassing on my land when I saw them personally on multiple occasions? Can I sue...

Guilford, NY |

Can I sue a neighbor for having me falsely arrested as a result of retaliation against me for them paying me for their trespassing and timber theft and property damage ?The neighbor had a forester that stole the timber from my property and they conspired falsely against me and therefore he is not a reliable third party witness. I provided proof to the court I had my own forester witness he admitting she knew he was harvesting from my land and paid me as a result so police wouldn't arrest her. I showed compassion and as a result of further arguments she conspired with her forester to lie and state falsely I was trespassing on their land. Can you help me with all legal actions I can take? What type of lawsuits can I bring? And what evidence is required in order for me to prove my case?

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Attorney answers 3

Best Answer

Well, you can always sue, but whether you can recover damages is another question. Usually you can sue neither the police/jurisdiction or the complainant if that person swears out a complaint that you were committing a crime. If you were totally exonerated of the charges, you may be able to sue them or the municipality for malicious prosecution, but that might in turn require showing they KNEW the charges were bogus and retaliatory. Unless you were incarcerated or injured during the arrest or suffered damage to your reputation that cost you business (i.e., newspaper stories), going after your tormentors is going to be difficult and costly, with little reward even if you win ($1 nominal damages, a "moral victory", maybe not worth spending thousands of dollars on if you don't have money to burn).

If you can show they knew their charges were false, in NY that is a misdemeanor crime of filing false reports and depending on what they said in court could also be actionable perjury, however, again, you have to show both the charges were false and they knew they were false. That's a tall order.

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You can sue but you will probably have a hard time finding a lawyer to take the case on contingency so you will have to pay by the hour.

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All calls, statements and reports to cops, all law enforcement, and all government boards, agencies and offices, as well as during legal/court proceedings and paperwork are protected and immune from civil lawsuits no matter how false, frequent or evil. So you can not sue your neighbor for this. Making such false reports is a crime, but only the government can prosecute crimes, you can not. You can do your best to bring the falsity to the authorities' attention, and if they want, they can investigate and perhaps prosecute, but you can not force them.

If you can prove your neighbor's trespass, call the cops.

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