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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27221
Experience:  Attorney with experience in family law.
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If I got permission to take my nieces with me to Omaha NE

Customer Question

If I got permission to take my nieces with me to Omaha NE (from Hartington NE) and the parents (my sister and brother in law) couldn't reach me by phone after 24 hours called a Amber alert on me...because My brother in law and I got into an argument bf I left...and he was a deputy for the sheriffs office here in town then proceeded with kidnapping charges (2), the charges were later dismissed w/o prejudice but I had taken them to Omaha before several times, had no issues before, I had permission, then while in Omaha I went to see my friend/ex fiancé (we have a child together) brother in law called my friend on the phone and asked him to lie and report the car I was driving (which my friend borrowed me) stolen. My friend refused and said he would never lie and try to get me in trouble for no reason. He is willing to testify..but I am I have a case against him as he used his position as a deputy and lied on the forms to place the amber alert and charges against me...he and my sister wrote letters asking for charges to be dropped. I still had to pay the fines and it caused me to have my child taken from me and given to my ex which he has never been in his life for the entire 11 years of his life. Plus, I lost a lot of wages, have to pay a lot in attorney fees...and my name is ***** ***** over the internt when I have no law violations in my past. Please let me know what my options are.
Thank you!
Submitted: 2 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 months ago.

Hi Leah,

I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry that this happened.

When someone knowingly files false charges against a person, that's called "malicious prosecution." Your brother in law should also know that it's a crime to file false charge against someone - you could file a police report. Damages for malicious prosecution include your legal fees in getting the matter dropped, false wages for any missed work, and reimbursement for the fines you paid. If you have paid a lawyer to get the charges expunged from your record (which you should be able to do), you can seek reimbursement of those fees as well. You can also include a claim for defamation of character, since he would have known that Amber Alerts go viral and it would smear your reputation. Both of these causes of action include punitive damages.

On top of that, he can be sued for attempted malicious prosecution for trying to talk your friend into reporting a borrowed car falsely as stolen. That can be included with the other counts.

And if you haven't done so already, you may want to talk to his superior officer about the way your brother-in-law abused his position as a police officer. Police officers are public servants, not gods. He's supposed to serve and protect society, not to exploit other people to benefit himself.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 2 months ago.
What if I start a case on him... but my case was dismissed without prejudice...does that mean he can refile and attempt to charge me again?
Expert:  Lucy, Esq. replied 2 months ago.

Without prejudice allows the district attorney to refile charges at any time before the statute of limitations expires. But a police officer cannot file a criminal case without the prosecutor.

Customer: replied 2 months ago.
Okay, what kind of attorney should I get to start a lawsuit?Thanks!
Expert:  Lucy, Esq. replied 2 months ago.

Malicious prosecution is an intentional tort, so you're looking for someone who does intentional torts or a litigation attorney.

Customer: replied 2 months ago.
How long is the statue of limitations? Is it wise to start a lawsuit if they can refile and charge me again at anytime? If I start a lawsuit could they get upset with me and decide to charge me again?
Expert:  Lucy, Esq. replied 2 months ago.

Again, "they" can't file anything. The district attorney has to do it. The district attorney works for the state, not the police, and usually wouldn't bring a case that had already been dismissed just because the officer involved was getting sued by the accused individual.

The statute of limitations for libel and slander (which is part of your case) is 2 years. The statute of limitations for malicious prosecution is 4 years. The statute of limitations for kidnapping is 7 years after the alleged victim turns 16. The law is on your side - you didn't do anything wrong. You just have to decide whether the risk that he'll try to revive the charges is more important than seeking justice for his actions, because if you wait for the criminal statute to run, it will be too late.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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