Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. I'll be assisting you with your question.
What sort of report was filed?
Afalse police report was filed aganist me.
At my work place.
Were you arrested or charged?
Were you fired or did you suffer any other kind of harm?
No. but an incident occured as I was pulling into the fire station. he stated I ran over his foot which I clearly did not. and after the incident he filed a police report with the Police Department.
OK. In order to win a defamation lawsuit, you have to prove two general things: 1) that a false statement was made about you; and 2) that you suffered some damage as a result.
From whay you've said, you most likely meet the first requirement, but probably not the second. If you go to court and prove up the false statement, you will then have to prove your damages. In this case, it sounds like you have not suffered any.
Keep in mind that the stress this may have caused you is not legally sufficent. You need to show some kind of financial damage, which usually entails lost wages, cost to defend yourself, or lost business.
The damage requirement is the reason very few defamation lawsuits are brought. Most people are unable to prove their damages.
I feel no damages, but my reputation and he clearly filed something that was untrue.
So anyone can file a police report on someone when ever they feel like it?
Unless you can tie that damage to your reputation to some kind of financial loss, a lawsuit is not possible. No, a person cannot file a false police report. Doing so is a crime in-and-of-itself. If he knowingly made a false report, then he is subject to being charged with a crime.
Without knowing all of the facts and evidence, it is hard for me to say whether or not that is worth pursuing, but it may be something you want to consider.
Thank you, XXXXX XXXXX take that into consideration. Should I talk to the police department about the criminal act " the false police report"?
Yes, you should. I'm not sure if there are other witnesses or people he's made admissions to, but that may be worth pursuing.
Thank you very much and I appreciate you help.