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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I just read an article about a person sueing a police department.

Resolved Question:

I just read an article about a person sueing a police department. It reminded me of something that happened 20 years ago.

A local police department saw call to I believe a fight. Apparently one of the people involved didn't have ID, so the officer to that person for their word. The citation went unpaid, so to cover himself the officer changed the information on the citation to match me, because I was closes.

They sent a state constable to my parents house, and my work place. I ended up being fired, the owner wouldn't state why he was firing me. Just gave me a generic 'services no longer needed', but because he had previous problems with employees being arrested at his business, I think this citation had a lot to do with my termination.

Is changing the information a form of framing someone, and could I have brought suit against the department.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry about what had happened. The answer is yes, you may have had a case. However, it is too late now, I am afraid.

It is not "framing" someone per se if you were never charged, but simply misleading and/or defaming your employer may have been enough for a suit.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.

Here, this may have been defamation and interference with business relations.

According to 42 Pa. Cons. Stat. §§ 8341-8345, defamation is a false statement to a third party that causes damages. Now it all matters on WHAT they stated and how, but there may have been a case there if the constables stated misleading things.

Interference with business relations - it is generally recognized that one has the right to pursue his business relations or employment free from interference on the part of other persons except where such interference is justified or constitutes an exercise of an absolute right: Restatement, Torts, § 766; ADLER, BARISH, DANIELS, ETC. v. Epstein, 393 A. 2d 1175 - Pa: Supreme Court 1978.

However, because this happened 20 years ago, the statute of limitations has run out for both, I am afraid. I am sorry.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86703
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I had to pay the Distric Magistrate a deposit to keep from going to jail, would that fall under being charged?

Expert:  Ely replied 1 year ago.
Friend,

Hmm, that sounds like you were indeed charged and paid a bond. So yes, you were. Now, this may add a claim of malicious prosecution to the mix, but, considering that it was so long ago, this too is too late. I am sorry.

Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86703
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Legal Specialists are ready to help you

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