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Lucy, Esq.
Lucy, Esq., Attorney
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what can I do about the police giving false info regarding

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what can I do about the police giving false info regarding previous charges-discussion about my son's mental health to our local newspaper which ran as the leading story front page? - he is 33 years old and was declared disabled by a federal judge- his mental illness was further stigmatize as he was labeled with something horrible that he has never done. I suspect that his hippa/disability rights may have been violated I met with the mayor/city director who admitted the wrong and that the officer was unprofessional in his comments They stated they would handle it internally by getting officers media training and apologized to me. Our family has also been affected as this is a smaller community and we are the only ones with our last name and easily identified.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

HIPPA applies only to medical professionals, including doctors and insurance companies. It would not apply to a police officer. Police officers typically have immunity from suit for things that occur within the course of their duties. That means that, to recover, you would have to be able to establish that he exceeded the scope of his duties.

When a person makes an untrue statement of fact to a third party, that person may be liable for defamation of character. When the matter is one of public concern, the plaintiff must also show that the person who spoke either knew the statement was false or showed a reckless disregard of whether the statement was true or false. This is a heightened standard. If the statements were that your son could pose a danger to others, that is a likely matter of public concern. The plaintiff would be your son in this scenario.

These cases can be complicated. You may want to see if you can find a local attorney to help. Most lawyers take these cases on contingency - you would only have to pay if you won.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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