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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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In a lawsuit for defamation against police detective(s) who

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In a lawsuit for defamation against police detective(s) who conducted a pretense investigation that violated my rights: I don't know the names of the particular ones who did the deed but my witness could identify them. Since there are only 5 detectives in the unit in question should I just name all five as defendants in the initial complaint and then later amend the petition once we elliminate non -guilty parties- how do you suggest this be handled?

My witness is very afraid of retailiation , therefore, how do I keep my witness from being contacted once I file the complaint? Better still I'd prefer not to name her but my complaint is weak now without the names of the offending detective(s).
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Samuel-II :

Hi

Samuel-II :

You need to have the names of the detectives you are suing. You cannot bring innocent parties into the process. It will only be dismissed.

Samuel-II :

So you need to find a way to get their names. And, once you file, your witness list will be a part of the agencies discovery so you will not be able to shield your witness

Customer :

How do I get names when I have no legal standing to do so- only my witness could identify the culprit(s). Doesn't discovery give me the latitude to ferret out the specific names? If they, the police lied about the individual(s), I'd be in the same box. What about the possibility of a police line up of the unit so my witness could identify that way? Then how do I compel my witness to identify if I have no standing? Any other suggestions?

Samuel-II :

Are you in a civil matter or a criminal matter? I understood this to be a defamation lawsuit. There are no lineups in civil matters

Samuel-II :

Discovery only occurs after the lawsuit has been filed.

Samuel-II :

You can try to file it against the police department, specifically the detective unit and list all the names. But it will be dismissed

Customer :

At the time of the incident I did send a certified letter of complaint to the police chief, prosecuting attorney, county supervisor and none responded- isn't this evidence enough that there is a conspiracy to hide the wrong-doers- would filing against these parties get me through the door even though they did not do the defamatory conduct per se.

Samuel-II :

Their non response does not prove anything. If you file against them, it will be dismissed because you have no evidence against the parties you are including in your complaint. I cannot be any clearer. However, you can try it.

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