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A state trooper out of Brockton Mass police department, Said…

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A state trooper out...

A state trooper out of Brockton Mass police department, Said on facebook for (all) user to see his message about me, From 25 years ago. Me being an athlete said- Chuck cutting was a drug dealer and user and is what is wrong in America today, This trooper is 100% wrong!!! What leagal action do I have?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Massachusetts- on face book 2 weeks ago.

Lawyer's Assistant: Has anything been filed or reported?

I have not moved forward as of yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

All my life, I was an athlete that ran 5 miles a day. I never did drugs growing up. I use to be a fighter, Played semi pro football and baseball. This trooper posted this remark on Facebook for all to use. He must have me confused with another party.

Submitted: 5 months ago.Category: Legal
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Answered in 4 minutes by:
3/7/2018
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,178
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 5 months ago

This to me sounds like a case of defamation. Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

If it does, then the other party may have some defenses. Here are the typical defenses in a defamation case:

(1) Legislative Privilege - Meaning the statement was made in a legislative proceeding

(2) Judicial Privilege - any participant in a judicial proceeding the absolute privilege to utter defamatory statements

(3) Executive Privilege - privilege affords an absolute privilege to high ranking executive officers of state and federal governments when acting within the scope of their discretionary duties

(4) Domestic Privilege - affords a spouse the absolute privilege to make defamatory statements about a third person to their spouse.

(5) Truth - if the statements you made were true, then this is a defense as well

(6) Opinion - courts have ruled that the opinion defense is one where if you provide your opinion, then a defamation charge will not stand.

I don't have any reason to believe that these defenses would apply at all

You may want to consider just writing a formal demand letter. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

How else can I help you today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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