Can I Sue for Defamation for a False Statement in a Police Report?
Full Question:
Answer:
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. in order to prove defamation, the plaintiff must prove:
1.; that a statement was made about the plaintiffs reputation, honesty or integrity that is not true;
2.; publication to a third party (i.e., another person hears or reads the statement); and
3.; the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. Some statements while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander.; The best example is statements made in a court of law.; An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. Case law from various jurisdictions supports the principle that, generally, information released by the police, including reports and records, is considered to be a report of an official action subject to a privilege against a charge of defamation. To prove defamation it must be shown that the person did not have a belief in the statement made, or failed to make a reasonable investigation into its truth. More commonly, false statements in a police report are subject to a false report or perjury charge.
For further discussion, please see:
http://courts.arkansas.gov/court_opinions/sc/2009a/20090312/published/08-313.pdf
http://ca10.washburnlaw.edu/cases/2000/02/98-6457.htm
Please see the following TX statutes:
37.08 PENAL. False Report to Peace Officer or Law Enforcement
Employee
(a) A person commits an offense if, with intent to deceive, he
knowingly makes a false statement that is material to a criminal
investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by
the agency to conduct the investigation and that the actor knows is
conducting the investigation.
(b) In this section, "law enforcement agency" has the meaning assigned
by Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.
37.02 PENAL. Perjury
(a) A person commits an offense if, with intent to deceive and
with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a
false statement previously made and the statement is required or
authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil
Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
