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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99500
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A 411 email accusing me of selling guns and drugs, and

Customer Question

a 411 email accusing me of selling guns and drugs, and collaboration of estranged wife and estranged dementia mother to have me institutionalized. the excess of police automatic weapons and assault vehicle in my front yard. i walked out eating a bowl of ice cream to literally an army of law enforcement all pointing high powered weapons at me to find NOTHING. being accused of wife and child abuse at the psych ward, which was found to be the intake drs mis communication. released in the shortest time possible after seeing the second psych dr "you got f**ked" he says and you are only being held now because of the first docs wrong accusations and my blood pressure over 200 b/c given wrong medication, its ruined my life and police have harassing me ever since. including iteration at my wife school of employment when my brother inlay committed suicide just 15 min prior and i was called by my wife to come to her school when the police were there and they interrogated and entered my car while i was not in there presence. then a police officer waiting at my wife house. i have had my life threatened by neighbors and was told they all are afraid of me and i have been abandoned by everyone. i also was given two medications which put me into many commas and has cost me my business,my marriage, my children, my cognitive abilities. i have 5 herniated discs from working at the local day care as a volunteer. i have a hiatal hernia and esophageal spasms causing a liquid diet. 10 yrs of sinus infection that was actually preventable if the ENT specialists looked at my throat. i have now had a endoscopy which and the throat and stomach conditions which now treated properly i have not had a sinus infection in 3 yrs. I'm unemployable and can only do limited physical activity and permanent damages to my hands back foot and ankle. I lost EVERYTHING as a result of these accusations and actions of others.
Submitted: 3 months ago.
Category: Legal
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. What exactly are you asking with all this in mind, i.e., what is your question here today?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 3 months ago.
Can I make a civil suit against the person or persons that made the allegations? In todays world a similar confrontation would likely end in me being shot. The word gun has become sikilar to BOMB as zero tolerance. One person keeps bringing up in any court venue or legal action that she thinks i have guns. Im afraid for my life after the way the police have handled allegations and the permanency of the negative impact on my life and ability to earn a living or feel safe in my own home.
Expert:  Ely replied 3 months ago.

Thank you for your reply. In short, the answer is likely yes provided the claims are false.

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 because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Herein, whoever made such false allegations may be liable for:

DEFAMATION - Under New York law, the elements of a defamation claim are: a false statement; published to a third party without privilege or authorization; with fault amounting to at least negligence; that caused special harm or defamation per se. See Dillon v. City of New York, 261 A.D.2d 34, 38 (N.Y.A.D. 1 Dept. 1999).

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - Under New York law, a cause of action alleging intentional infliction of emotion distress "has four elements: (i) extreme and outrageous conduct; (ii) intent to cause, or disregard of a substantial probability of causing, severe emotional distress; (iii) a causal connection between the conduct and injury; and (iv) severe emotional distress" (Howell v New York Post Co., 81 NY2d at 121; see Klein v Metropolitan Child Servs., Inc., 100 AD3d 708, 710; see also 2A NY PJI2d 3:6 at 54-55 [2014]).

Good luck.

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