[jgadsden]

Can I sue my neighbor for sending an email to the college dean and head coach I play basketball for that's contains false information in an attempt at malice. Examples: they said I've caled the cops on them which is false they said I intimidate them and am rude to them.that I knock on their door at 1 in the morning to tell them to move their cars( public parking). They are in fear of what I might do if I get angry. That I have cussed them out over a parking spot and I'm trying to make their lives miserable. It also says at the bottom of the email that they feel that since I play bb for the school that I think it entitles me to do sand say what I want. These people have repeadly egged my car thrown bread on my car and have contacted my landlord by phone 10 times making false claims about me in an attempt to have me evicted. My landlord kindly wrote a letter to the school in my defense because they have had issues with this neighbor for 20 yrs. The tenant belows me car has been egged by them as well. The police will not file a report because there were no damages by the eggs thrown and they said I don't have enough evidence to prove harassment. I tried to get a restraining order on them but wv only does p.o for domestic abuse. The email they sent to the school was another attempt to make me sound like a bad person with false information.

[AK lawyer]

can i sue my neighbor for sending an email to the college dean and head coach i play basketball for...[?]

No. The examples given do not constitute libel per se. Therefore, the next question would be: were you damaged by this? Were you expelled by the college? Did you loose the right to play basketball? If not, you probably were not damaged by these accusations.

[Eileen G]

It's not libel unless it's published, and a private e-mail is generally not considered to be publication - it would be different if it was on Facebook or something like that.

A private e-mail could be considered slander, but for an action, you would have to prove you suffered damage of some sort.

However, it might be worth bringing the e-mail to the attention of the police, it could be enough to warrant some action from them. In my neighbourhood, egging cars or houses is considered criminal damage, as it can damage paintwork.

[AK lawyer]

...a private e-mail is generally not considered to be publication - it would be different if it was on Facebook or something like that.
...

"Publication" as used with respect to libel means a writing which is seen by one or more third persons. An e-mail sent to a college dean and a basketball coach would be "published" In my opinion. Slander involves spoken communication. An e-mail, not being spoken, wouldn't be slander.

It doesn't really make any difference though. Libel and slander are the two forms of defamation, and there is very little practical difference be them as far as legal result is concerned.

... However, it might be worth bringing the e-mail to the attention of the police, ...

Defamation is not a crime in the U.S.

[jgadsden]

Well the school is currently looking into whether I have violated the student code of conduct so the matter is being investigated but I was told by my coach that I may have to sit out a game because of this matter. So at the moment the only damages are emotional. However I am not sure if I qualify as a public figure(limited) while this person knowingly sent this email to the school in an attempt to have my behavior looked into when I know I haven't done anything wrong and that even though they play the elderly card they are actually the neighborhood bullies and have apparently played this game for many yrs so they know exactly what they are doing. Please take a look at the email sent below maybe I have missed something that can be useful to a lawyer if its possible I have a case. Please do not buy into the sob story this lady is pitching I can prove she is lying.


To Whom It May Concern:

Mr. Allen repeatedly knocks on our door demanding we move our cars to accommodate him. Up until the past few weeks we have always done so being nice so we would not have any problems with him. We have lived in this neighborhood for over 30 years with no problems. Parking in this neighborhood is very limited and on a first come first serve basis. This is something we have all come to terms with because none of us have driveways. Yes, it is inconvenient at times but it is something we have all adapted to over the years. Mr. Allen has come to our home numerous times over the past several months insistent that we move our family cars or any company that may be at our home. He has even come as late as 1:00 am and woke us from our sleep to move a car. A couple of weeks ago my sister was visiting and parked out front and he came asking whom the car belonged to and asked that it be moved. We did not move the car because we have continuously done this for him being nice and it is now something he has come to expect us to do every time! Since then he has taken up to 2 parking spaces so that we can't park and we feel it was intentional because we did not move the car the night he asked. Even still we made no complaints about that and parked as far away as a block due to this. He is very intimidating and very rude to us. I was feeding the birds last week on a windy day and the wind blew a few pieces of bread on Mr. Allen's car. I was afraid to touch his car because I didn't want him to think I was doing anything to it. When he returned home he got in my husbands face (who is a 61 year old heart patient) and called him a mother****er, and told him he would call the police if we damaged his car again. There was no damage to his car by the bread and his behavior is why I was afraid to touch the car to take it off. We are both senior citizens and feel intimidated in our own home because of what he may do if he gets angry. You can ask all of our neighbors about us and they will all tell you we have always been very good neighbors. The night of the Super Bowl my son and I were arguing inside my home about a cell phone bill and he called the police on us and said there was a Domestic dispute. Three police units then showed up at my home. We have never had anything happen like this happen since we have lived here. I am retired less than 6 months from the Federal Court here locally and have never experienced anything of this sort. Again, my husband and I are senior citizens and do not bother anyone and feel as if Mr. Allen is trying to make our lives miserable because he is angry about not being able to park in front of his home at any given time. We should not fear retaliation in our own home and we do feel as if we have to walk on eggshells so that he does not get angry with. Anything that you can do to help resolve this problem will be greatly appreciated. I have spoken with the Magistrate regarding the situation and was advised to contact the landlord and write a letter to the coach to see if anything can be resolved. We feel that Mr. Allen thinks that since he is a Marshall basketball player that it entitles him to do and say whatever he wants.

Thanks you for your time,

[jgadsden]

Please read my new post

[AK lawyer]

... however i am not sure if i qualify as a public figure(limited)
...
please take a look at the email sent below maybe i have missed something ...

Although it was quite helpful to read the actual letter, I must advise you to delete the personal information. Since I know your last name, the name of the school, and the fact that you play basketball, I could probably, if I cared, determine your exact identity. That, of course, would tend to increase whatever harmful effect the original publication of the message may have had, as well as complicate any ensuing litigation.

If you asked me to take the case I would decline. It's an old lady venting steam, and, in my opinion, does not rise to the level of actionable defamation. Even if is technically defamatory, damages are minimal, as you note.

By the way, if you were a public figure, if you could prove that she maliciously (i.e.: intentionally or recklessly didn't care whether it was true or not) wrote it, that wouldn't matter.