Legal Question in Civil Rights Law in California
Slander, Defamation of Character, or Freedom of Speech
If a neighbor has $1000.00 and some prescription drugs Xanax stolen, can they go to all the neighbors and tell them my husband did it because 2 weeks earlier he ran out of gas and asked the victims neighbor for a ride just to the top of the hill, or a phone. My husband is disabled walks with a cane. The victims have now gone to everyone of our neighbors, and their children telling them that my husband (mind you we have children who play with these children) is a thief. She has even had the neighbor who helped my husband call my in-laws (father inlaw propane man) to tell them what she believes my husband has done to them. We tried to explain to them that my husband didn't do it and that he was innocent, instead my father in-law was told that if the money appeared no sheriffs would be called no harm no foul. But if they saw my husband ever on their property he would be shot or beaten up. Point noted no desire to ever have him ask a neighbor for help again. He can crawl up the hill. Funny thing is truck wasn't out of gas, clogged fuel filter. My husband has now lost jobs because of this (he is a finish carpenter). This isn't the first break in our neighborhood. We have even been victimized. But we dont go around accusing
2 Answers from Attorneys
Re: Slander, Defamation of Character, or Freedom of Speech
If there is no truth to the accusation, your neighbors might have committed slander. Talk to a lawyer in your area about a potential lawsuit, especially if your husband has lost income because of it.
Re: Slander, Defamation of Character, or Freedom of Speech
Mr. Cohen is correct as far as he goes. The other issues are 1. Can you prove that your neighbor made these accusations and to whom the were made? 2. Can you prove that these accusations caused him to lose work? 3. Can you prove with reasonable likelihood the amount of income which your husband has lost?
Having a remedy in theory and a remedy in fact depends upon the answer to these questions. Lawsuits cost money. The recovery has to be worth the cost.
Most slander cases are never brought for this reason.
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