Q: I asked opposing counsel for permission to file a Second Amended Complaint in pro se second federal circuit court action. They responded that they would like to see it before they consent. Is this a delay tactic to get me to miss the deadline for filing a motion requesting permission to file? Or do lawyers show each other their hands before playing cards? I also offered to provide them a blackline. There are extensive changes to one tricky color-of-law section, which is the point of amending, plus aliases added to an elusive defendant. PS: Two lawyers already blew this civil rights action; it is a specialized area, but everyone thinks they know civil rights.
A: David's Answer: Could be them playing game with you because you're representing yourself - expect more of the same. But here's the practical issue - if you file a motion to amend your complaint, you'll need to attach the unredacted amended complaint anyway. In any event, based on your prior experience with the lawyers, my best advise is to schedule a consultation with a Civil Rights lawyer who handles such cases as a significant portion of his/her practice. -- David Bliven, Bronx civil rights attorney (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
Saturday, October 18, 2014
Can i sue my sister in law who is spreading rumors and damaging my son reputation in community we live in.
Q: she got divorced from my brother and my brother was seeing the kids on weekend only they are waiting for custody. she stopped the kids to see the father, who is currently living with me. she told them you cant go to your aunts (me) house because a drug user is in the house. and also she told the social worker same thing. she spread rumors that my son got arrested. all lies. she did damage to my reputation in community but i let it go but now she is hurting my sons feeling and his good character. my brothers kids called and said mom said you cant go because your cousin is a drug user and got arrested they even emailed to my brother asking is my son got arrested. my son is 16. can i sue her. today when kids social services called she told us that she spoke to her even about my son.
A: David's Answer: Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection. -- David Bliven, Bronx civil rights attorney (www.blivenlaw.net)
A: David's Answer: Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection. -- David Bliven, Bronx civil rights attorney (www.blivenlaw.net)
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