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Legal Eagle,I appreciate the help...
Legal Eagle,I appreciate the help you have given on a slander/harassment suit. I was told a slander suit would be extremely hard to prove and therefore removed from the complaint. The defendant filed for a dismissal saying I could not sue for harassment in WY? and the judge agreed??? Now the judge is giving 20 days to file an amended complaint and I am looking to add 'malicious prosecution'. What do you think about adding malicious prosecution and do you think all of the elements shown below would suffice:CAUSE OF ACTION: MALICIOUS PROSECUTION1.) Defendant has initiated, encouraged, or enforced numerous no-trespass orders against Plaintiffs.2.) Defendant claimed that a caretaker for C. E. Spurlock Jr was “not reliable or honest” and “needed to be replaced”. Upon learning that Plaintiff David Spurlock had the option to purchase the home and property of C. E. Spurlock Jr. and that Plaintiff David Spurlock would be reimbursed for upkeep of property, Defendant used said caretakers employment as the reason for having Plaintiffs no-trespassed from the property of C. E. Spurlock Jr. saying that caretaker was “terrified” of Plaintiffs.
3.) Defendant made false accusations that Plaintiff David Spurlock was “mentally unstable”, claimed he “would try something like that” and that he was trying to “harm their father” to Lander Police and workers at Westward Heights Care Center resulting in Plaintiff David Spurlock being no-trespassed from Westward Heights Care Center.4.) Defendants actions were malicious and intended to keep Plaintiffs from visiting with C. E. Spurlock Jr who resided at Westward Heights Care Center.4.) Defendant made false police reports to Lander police and Fremont County Sheriff’s deputies claiming Plaintiff David Spurlock shot holes into the side of his home, vandalized Defendants home, business and cars by breaking windows and throwing eggs. Defendant then asked Sheriff’s Deputy John Zerga to visit Plaintiff’s home after sending emails to Plaintiffs asking “how do you like the line of cops traipsing through your home” and “how do you like all of the cops at your front door”.4.) Defendants actions were intended to harass, were vindictive and malicious and intended to keep plaintiffs from seeing their father or doing work on property owned by C. E. Spurlock Jr.5.) As a result of Defendants actions, Plaintiff Andrea Spurlock was charged with trespassing while trying to visit with
C. E. Spurlock Jr.6.) Trespass charges against Andrea Spurlock were dropped and police complaints against David Spurlock were noted a fraudulent.
Submitted: 10 months ago.Category: Personal Injury Law
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9/25/2017
Personal Injury Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Personal Injury Law
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Hello, thanks so much for requesting me. Generally, harassment is not something specifically that you could sue for. The harassment has to fall under some sort of other toward. For example, it could be intentional infliction of emotional distress, it could be a trespass, it could be a battery, or assault. generally, it needs to fall under one of those categories. For harassment specifically, you could get a restraining order issued by a judge, but that's a little bit different than a lawsuit. Anyway, as far as the malicious prosecution, I would be very careful about doing that. Of course, you can bring any kind of action that you want, but just keep in mind that you may be dealing with a lecture from the judge or the other party may try to talk you out of it. Regardless, it's going to be a judgement call by you to add it. So long as the elements are met, and you believe strongly that you have a case, I say go ahead and add it :-)

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