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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92515
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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what can I do with someone who has filed false police reports

Customer Question

what can I do with someone who has filed false police reports on me stating I was threatening her, I had a warrant out for my arrest, because she lied to the prosecutor no charges were filed, but the police dept refuses to investigate her false allegations against me, and told me that they can not stop her from doing
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 3 years ago.
Hello. My name is Alex and I will be glad to help you.

How are you related to this person and why do you think she is trying to get you in trouble by filing false police reports against you?

Also do you have any contact with this person?
Customer: replied 3 years ago.
I never received an answer to my question
Expert:  Alex J. Esq. replied 3 years ago.
How are you related to this person and why do you think she is trying to get you in trouble by filing false police reports against you?

Also do you have any contact with this person?
Customer: replied 3 years ago.

I sent this reply 3 times, hopefully it will go throuh this time.

 

I have not been in contact with this person for months, she is a neighbor of the man that I am dating, she used to date him, now is very jealous that I go se him. She has been trying to convince him that I am a bad person, telling him that I am harassing and stalking her, when in fact she is stalking us, she sits in front of my house for hours when he is here, and follows me around, and even comes by my house looking for him. When she didnt succeed there she filed a couple of police reports against me to have me arrested so that I would go away, the police dept investigated this false allegations, but refused to investigate the false reports, I told them I wanted to file charges against her, and I was told they do not have the time to do so, and can not stop her for filing these reports, they are public and false, I want the defamation to stop and they onlyway to do that is to file suit against her, I also want to know if I can file suit against the police dept for not protecting my rights? Last Sept I called 911 because of her harassing me, they came out and no report was filed, then she called this man and told him that she will have to get a gun to use against me, I tried for several days for the officer who came out to listen to this message and even talked to his supervisor and they didnt care about my safety, they never responded. I just want to know do I have a civil suit? This is my reputation, and since she got me fired from my job, I am afraid of what she might do next.

Expert:  Alex J. Esq. replied 3 years ago.
Sorry for the delay as I just got your response.

There must be some technical difficulties on either end.

Were you actually arrested by the police for these allegations?

If you were, what was the outcome?

How did this person get you fired from the job?
Customer: replied 3 years ago.

I was not arrested, I stopped it in their tracks. This person tried this before, and I found out about the false reports on the web, I called to filefalse reporting charges and I kept being asked "how did I find out about the reports" I told them on the web, and I was sent directly to the prosecutors offce, and they told me that they placed a warrant for me, then I had to explain to them what had happen and sent several emails to have her investigated, for all of this. She lied to the prosecutor a few times and found that her allegations were unfound. So after 3 weeks I was told that no charges were to be filed against me. I then called to speak to a detective and he told me that they do not have time to investigate harassment, stalking and false reporting. This doesnt make sense to me, they investigated her allegations of stalking and harassment. The Detective told me that they can not stop her and may result in my arrest some day if they so choose to go through this again. So what am I suppose to do keep looking over my shoulder to see if I will be arrested because she wants to continue to harass me using the police dept.

 

I got fired because of my own stupidity, I got into her file to find out where she worked, she works from home and has the time to stalk me while I am at my friends house. I wanted that to stop as well, she did not know that, she told them other stuff about me, since the last hing that was told to me by my director was "stay away from this woman, she is crazy and dangerous" they would not tell me what she had said, and that she did in fact call my employer several times.

Expert:  Alex J. Esq. replied 3 years ago.
What type of this woman's file did you gain access to?
Customer: replied 3 years ago.
I worked for a hospital, to access her registration sheet to verify her employment
Customer: replied 3 years ago.
THis woman has told her other neighbors that I threatened to kill her, but at that time when this all happened she never called the police then, and in all the reports she states that she will file a protective order on me, and never did, she wanted it to sound good for the police dept to put me in jail. She even refused mediation because she didnt want me to confront her with her lies. I can send you copies of these, in which I attached these to the complaint that I filed
Customer: replied 3 years ago.

the most recent started on 6/26/2011 when she started calling him, telling him that I was stalking her and harassing her, just because she was mad that I was over there the day before, when in fact she was doing the stalking, so yes I called her employer telling them that she was stalking us on company time and to ask them to put her back into the office, so that this would stop. She then continued calling him and on 7/2/2011 I went to his house when she called him 500 times, and I spoke to her all she wanted to do was to tell me that he has other females coming and going and that he was cheating on me, when I told her that I knew of his other friends ahe got very angry, and on 7/18/2011 and 7/19/2011 she then filed the police reports telling them I will not leave her alone, that I am still calling and emailing her threatening her life, I asked the prosecutors office to pull her phone records and I received a new email address and she did not know it.

Customer: replied 3 years ago.
Oh one more thing, she also works in a medical facility and I know that she retrieved my recordsas well, because she would have never known where I worked if she hadnt, I also asked her employerto check into that and they never responded. I then filed a complaint with the civil rights dept, I havent heard back from them yet.
Customer: replied 3 years ago.
Hello, I have not received a reply yet, but my charge card has already been charged the 38.00?
Customer: replied 3 years ago.
I know that I have a civil case against IMPD, but did not know how to present it. Since it was there negligence for not investigating situations, especially when this woman harassed me and stated that she would have to get a gun to use against me, and I had to call 911 and the officers supervisor regarding this. I guess yu are unable to help, so please reimburse me my money.
Customer: replied 3 years ago.
Relist: No answer yet.
i never got an answer
Expert:  Law Educator, Esq. replied 3 years ago.
You have a civil case not against the PD about the woman who made the false complaint for defamation and malicious prosecution. You were not falsely arrested and the police have the discretion to take police reports in these cases, so it is not their fault it is the woman who made the false complaint and you need to direct your anger and actions towards her.

If she accessed your medical information, you need to contact the Department of Health and Hospitals and file a HIPAA complaint against her and they have the sole jurisdiction on those matters as there is no private right to sue under HIPAA. Then you need to file a civil suit against her for malicious prosecution, slander and libel and for breach of the confidentiality of medical records for her actions towards you and seek damages from her as well as a restraining order.

You can also report the HIPAA violation to her employer if you have proof and they will have to take action against her to avoid sanctions.


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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
6864 Satisfied Customers
Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience