Re: Womens shelter sued
Posted by Prairie Dawg on 11/26/03
Well, as usual, proof's a problem. You have to prove that the biomom made false allegations and that the womes shelter acted on these allegations and was the proximate cause of you getting arrested and charged with....something or other. As a generality, the cops have to have probable cause to arrest you. That isn't a difficult standard to reach for. The county attorney has to be able to make out the elements of the offense charged in order to indict or file a trial information. There are several procedural steps at which you may attempt to intervene.....however, if there's even a smidgen of truth in these allegations you don't have a lawsuit. You'll have to show that they acted in utter disregard of the truth....and then they may assert sovereign immunity-your state probably has a tort claims act under which it sets out the procedure for suing the government. Seems like you've gotta deal with the criminal stuff first- whatever that is. It's quite unusual for a criminal charge to be filed absent any proof at all. On 11/25/03, Lynn wrote: > I was recently involved in a case of false allegations by my > ddaughters mother with who I have been involved in a bitter > custody dispute. She went to the Womens Shelter and told them > these lies, I was immediately arrested and looking at some > serious time. The shelter pressured the police and the District > magistrate to pursue charges against me, though they knew > themselves was B.S., I have an attorney that is looking at > pursuing a case in Federal Court against them both. I live in > PA. > > On 11/25/03, Prairie Dawg wrote: >> Haven't heard of it but a lot could depend on what state >> you're in and the applicable law. Sounds complicated....who's >> suing whom? >> >> >> >> On 11/25/03, Lynn wrote: >>> Has anyone ever heard of a womens shelter being sued for >>> Malicious Prosecution due to false allegations from a >>> lieing client? Please e-mail with any info. Thanks. Lynn >>> pasaa@comcast.net
Posts on this thread, including this one
- Womens shelter sued, 11/25/03, by Lynn.
- Re: Womens shelter sued, 11/25/03, by Prairie Dawg.
- Re: Womens shelter sued, 11/25/03, by Lynn.
- Re: Womens shelter sued, 11/26/03, by Prairie Dawg.
- Re: Womens shelter sued, 11/26/03, by Mr. Lynn.
- Re: Womens shelter sued, 12/06/03, by Hardy Parkerson, Atty..
- Re: Womens shelter sued, 12/06/03, by Hardy Parkerson, Atty..
- Re: Womens shelter sued, 12/06/03, by H. Parkerson, Atty..
- Re: Womens shelter sued, 1/15/04, by Not surprised.
- Re: Womens shelter sued, 1/15/04, by Not surprised.
- Re: Womens shelter sued, 1/15/04, by No justice.
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