Hello,

I was wondering if I can counter-sue for defamation of character and slander for this situation. I responded to a person's house who called police. Upon arriving there the person was uncooperative. He decided that he did not want the police there anymore and in order for him to shut his door, he shoved me backwards away from his door. Upon taking him into custody for battery on a LEO, he slapped me across the face during the process. It went to jury trial and they found him not guilty because there was not enough evidence. (I was not injured, just had some redness) The SAO said that also because I called him an "F'n Idiot" during the process, that it made a bad impression with the jury.

Hence, a year later he called police again to report something and found that my department has alerts for him because he battered a LEO. He is suing me civilly and has told people in my department, who'm he has contact with, that I am a liar and falsified my report about him hitting me. He has filed an IA with my agency.

At this point, can I sue him for defamation of character? I have been in law enforcement for over 10 years and have never ever been in trouble.

I don't think you can sue him, you would be able to if he was found guilty in court or maybe if the case was dismissed without prejudice.

However he was found not guilty of a crime and your department is treating him like a criminal. Again, I realize he actually did do it, but unfortunately he was found not guilty and there shouldn't be anything on police records about it so he may actually win his case.

However he may not be able to win, true they could prove he hit you, but by the same token I don't think he can prove he didn't, hopefully this will be dismissed as it should be

This is just an opinion and I realize he shouldn't be allowed to do this, but somehow the court sided with him.

You should have sued him at the time of the attack for civl damages, and also learned the lesson of getting some ditigal photos of the red face to use.

And sadly learn that sometimes you let a shove go and don't fool with them. If I arrested everyone that grabed, pushed or shoved me while I was a police officer I would still be in court.

And to be honest and I don't mean wrong on this, if you have not had at least one IAD complaint on your in 10 years you are not doing enough work, most officers will be getting one every couple of years just by doing enough arrests. I have a list from race discrimination ( and those that know me laught at this one , in mixed marriage and son in mixed marriage) hitting someone's hood of their car ( they forgot to mention they almost ran over me when they disregarded my instructions to stop their car at a traffic light and more.

So you IA does a investigation and talks to your superivisor who knows it happened. Big deal,
On the civil case I will assume the department is supplying an attorney to represent you? Your defense is that you can not control what records your department keeps, and that he was charged, civil court has less requirements on proof, so if you had any evidence for his criminal trial, now is the time to use it.

* former state and federal officer

Hello good:

You certainly can sue him, although I would stick with the defamation of character. From what you've related, that is something you can prove. The problem you're going to have is damages. Is his complaint going to cost you your job, a promotion, your wife?? If the only thing it costs is your dignity, then you won't prevail in a lawsuit, and you'll likely piss off the judge.

Bummer.

excon * former state and federal prisoner *