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My case was denied by the Supreme Court, March 2013. There were false accusations, can I sue defendants for defamation?

Charlotte, NC |

I was a supervisor who's a black female. I was denied a promised promotion, a newly hired human resources manager pursuaded my then Director to withdraw. I also was Falsey accused by her of creating a Hostile work environment, mishandling my employees. The district court ruled twice in their favor, stating that I did not prove that I was qualified to recieve such a promotion and there is no evidence of discrimination . The Fourth Circuit Court of Appeals, quoted, "We Disagree", my complaint gave rise to an inference of discrimination. However with the second motion to dismiss, I filed my appeal late and the Court of Appeals denied my second appeal. I did file with the Supreme Court for a Writ of Certiorari within 90 days. This info is in search engines for ex. google, its hurting me

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Attorney answers 3


There is no easy answer to this question and I would need more information to give you a definitive response. Generally, statements that are contained in court pleadings, a complaint, etc., are not actionable as defamation. However, if there were defamatory statements made by your manager or director in another context, on the internet for example, you may have a claim for defamation for those statements. Please be aware, there are very strict statutes of limitations for defamation. Here in NY it is one year from the statement. It would be easy enough for you to check the NC rule. Since it is an intentional tort, the statute is generally tighter as compared to a negligence claim, for example. Good luck!


Trying to litigate a case without a lawyer is a bad idea. Best bet is to call the lawyer in your state above to investigate.


If you think your employment case was tough, just try filing a defamation case. The law heavily favors defendants due to First Amendment policy considerations. Statements made in court papers are absolutely privileged, for openers.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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