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    FionaVanora's Avatar
    FionaVanora Posts: 1, Reputation: 1
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    #1

    May 29, 2009, 03:50 PM
    Can I sue a police department for harassment, slander, and defamation of character?
    I own a local tattoo shop.

    We've been experiencing a tremendous decrease in business due to allegations and rumors that drugs are sold out of our studio.

    All allegations are false, and we have written and signed statements from a number of customers and other people of what officers in our too-small town have been saying.

    Allegations include: "we found a bong and a pipe in the back of the shop", said an officer to a civilian-friend. We weren't even contacted to sort out the "evidence found behind our shop."

    "their building smells like weed"
    None of my employees are permitted to use drugs or alcohol, we have a monthly urine testing for each employee that covers drug usage (1 emp. Is on probation) and bbps. (blood borne pathogens)

    The local marshal's office has been telling non-officers (aka civilians and potential customers) to "stay away from that shop, we've been watching them, we have our eye on them."

    All of the above have witnesses and signed legal statements.


    So pretty much, our marshal's office has been making slanderous remarks and harassing our shop.

    Can I sue for defamation of character, slander and harassment against a marshal's office?

    I live in a town too small for its own good, where everone knows everyone's problems, in Arizona.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 29, 2009, 05:50 PM

    You may sue the individual officers
    BIGBOPPER's Avatar
    BIGBOPPER Posts: 351, Reputation: 28
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    #3

    May 29, 2009, 11:03 PM

    I would advise you to talk to a lawyer. Is where your shop located in a big city? There might be a police relations board, or something like that to allow for you to complain. Also, let a local news station know. In Miami, one station has a attorney segment that people ask for his help in resolving issues. Maybe there is one in your area. It doesn't sound nice that they are doing this, and while it might be difficult to prove anything in court, if you get the spotlight out there, maybe they'll back down.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    May 30, 2009, 05:38 AM

    Hello Fiona:

    I think you should sue their a$$'s off. Sue Joe Arpaio too.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 30, 2009, 05:46 AM

    The problem here is that truth is a defense against defamation and slander. Was a bong and pipe actually found in back of the store? If so, then that's a statement of fact. Are the police watching the shop? If so, again a statement of fact. As for smelling like weed, that will be very hard to disprove.

    On the other hand, you may have a case for harassment. If there is no evidence of law breaking and they continue this campaign against you, then you may have an action on that score. But you will need to contact an attorney to help you make and bring a case.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    May 30, 2009, 12:47 PM

    If this is the Marshall's office, it's the Feds. If it was the Sheriff's office, it would be the County.

    It is very hard (downright impossible) to sue the Feds, but you can try. Don't expect to win. Good luck.

    P.S. The Marshalls can get a warrant issued on just about anything and come and raid your shop for any reason.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    May 30, 2009, 03:32 PM

    It would most likely end up their word against yours and you know whose side they will take.
    I have heard so many stories over the past 10 to 15 yrs of the feds raiding places and claiming there were drugs or even when they didn't find any drugs they didn't replace what they destroyed while looking.

    IF you do plan to sue I would start by getting all the employees to agree to releasing their drug test information as evidence that they do not do drugs.

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