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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My husband was recently defeated in an election of our

Customer Question

My husband was recently defeated in an election for commander of our American Legion Post. When the new commander took over he immediately fired one of our friends who was running the catering. Now, we find out that he and others have been spreading the
rumor that my husband is a convicted felon. My husband was a police officer for 20 years and we know he doesn't have a felony conviction. We think this may be the reason he lost the election. They are also saying, and we have it in writing, that the reason
they fired our friend is because she is also a convicted felon. She is not. She did have a misdemeanor charge for improperly notorizing a document. Her ex-husband was convicted of a felony and she divorced him. Do we have a case for libel and slander?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

In short, yes. In order to win a case for libel/slander, you need to be able to prove (through evidence, including but not limited to witness testimony), that the speaker made a statement that they either knew of should have known to be false, that this statement or these statements were heard by third parties and that the statement has caused damages (to reputation, earning ability, etc.).

Based on the information that you have provided me, I think you have a strong case, as does your friend, against this individual to win a case for libel/slander.

Moving forward, you need to think about what evidence you can bring forward to prove that these statements were made. It will be easy to prove they are false, one you prove that they have been made by entering into the record copies of your husband and friends NCIC criminal history, which will reflect no felony conviction. The criminal history can be obtained through your state criminal information center.

Let me know if you have any other questions or comments.

Please also rate my answer positively (4 or 5 stars).

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments?