Re: Womens shelter sued

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Prairie Dog, the charge was "Rape", and all charges have been since
dropped. The mother had gotten a noion that I had hired a "Johnny
Cochran" of attorneys and had so much evidence against her that she
got afraid of being charged with perjury, and in fact I was looking
forward to trial. She contacted the DA's office and had them
dismiss the charges.

Even though at the preliminary hearing, though we had the records
from the rape kit done at the Emergency Room, everything was
negative. I was baffled at that time that even though the medical
records prove otherwise they wanted to go to trial, I found our
later that in this state all the court needs is a statement of oath
that a rape took place and is sufficient to go to trial.

Even when I was arrested, the Police and The District Magistrate
knew this hadn't actually occured and was actually told y the D.M.
that he knew this was B.S. but the womens shelter was breathing
down his neck on this and ordered a $25,000.00 bond (the lowest he
could give) and instructed me to get a good attorney, which I did.

The womens shelter has a bad reputation around here of crucifying
men in cases like this, and though I believe I have sufficient
evidence to prove the allegations false and can establish a motive
and history of false allegations, she is not worth a hill of beans
monetarily. However, the womens shelter has no checks or balances
in place to weed these false allegations and instead takes any
report and goes for the throat. The attorney I met with is
interested in possibly pursuing this against the shelter becuase
they are insured and worth pursuing, and will go to Federal Court
with this. What I have been trying to do is find some other cases
nationwide where a shelter has been sued for the similar thing.
Unfortunately, after several days of research I have not found a
similar case, hence this posting.

The custody case I have been involved with has been interstate,
between Fl. and PA and has been extremely difficult. The "Rape"
card is exactly that a "trump" card that now may be in my favor to
win custody, I'm not concerned with the money, I want my daughter.
Therefore, if I can find similar cases where a shelter has been
sued, he'll work the case Pro Bono I guess you'd call it. Becuase
of my custody case being interstate, I have no chance in getting
her, however, the Federal Court could overrule the state court and
hopefully is my ace. Thanks Lynn

On 11/26/03, Prairie Dawg wrote:
> 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

Re: Womens shelter sued, 1/15/04, by No justice.

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