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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a neighbor how has called the animal control on three

Customer Question

I have a neighbor how has called the animal control on three different occasions and each time the have left saying everything is ok. now this fourth time they have called and stated that we have four dogs(we only have three) and that we are physically abusing our dogs. which neither are true. I am tired of these person lying on us about our pets.
JA: Can you tell me what state this is in? Have any charges been officially filed?
Customer: Ferguson MO
JA: Have you talked to a lawyer yet?
Customer: no not yet
JA: Anything else you think the lawyer should know?
Customer: I want to know can I fill a harassment charge against the animal control and the person that keeps lying on us?
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 sorry to hear about this situation. The authorities have to respond to any (credible) call because this is a departmental requirement. I am afraid that they cannot be sued under such circumstances.

And, no person can be restricted from contacting emergency services. However, what someone in your situation can do is threaten to sue them civilly, or do so.

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.

Their actions arguably give rise to defamation and intentional infliction of emotional distress.

The elements of defamation in Missouri are: 1) publication, 2) of a defamatory statement, 3) that identifies the plaintiff, 4) that is false, 5) that is published with the requisite degree of fault, and 6) damages the plaintiff's reputation. Nazeri v. Missouri Valley College, 860 S.W.2d 303 (Mo. banc 1993).

Intentional infliction of emotional distress is when (1) the defendant acts intentionally or recklessly; (2) the defendant's conduct must be extreme or outrageous; and (3) the conduct must be the cause (4) of extreme emotional distress. Boes v. Deschu, 768 S.W.2d 205, 207 (Mo.App. 1989).

Someone in your situation can threaten a lawsuit and punitive damages in judgment unless the the neighbor does not cease/desist. That normally works. Using an attorney for the letter is best.

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Expert:  Ely replied 3 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!