Legal Question in Discrimination Law in California

I live on a 12 acre parcel with my landlord, I'm his tenant. A few days ago our next door neighbor had a brake in to their home, when our neighbor called the local sheriff's department to report the incident, the responding office informed my neighbor that they were living amongst a "known thief", me. I have absolutely NO prior convictions of theft, but I have been accused of being in possession of stolen property on 2 seperate occasions, in both cases, all charges were dropped. Now my neighbors have demanded I be evicted from my home & are accusing me of breaking into their home. What grounds does this officer have to point his finger at me, durring a phone conversation with my neighbors? What options do I have to defend myself in this matter, for I am innocent & had no involvement with the break in. Is this case grounds for a discrimination lawsuit?


Asked on 5/14/11, 11:29 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Go to the Sheriff him/herself and demand that there be a meeting of the officer who made the comments, the neighbor, the sheriff, and yourself [also someone else you trust to support you during the meeting since you will be out numbered] to discuss he matter, including that there have been no charges pursued, there is no evidence of your being involved in the break in, the officer violated your civil rights by mentioning non-public information [has the officer had any complaints filed against him--ask him whether he wants those complaints to be made public], etc. Demand a public apology and that the neighbor stop accusing you when they have no evidence--they are open to a suit for defamation. Before demanding any meeting, be sure that you feel you can handle it and that the sheriff will support much of your position. If you feel uneasy about such a meeting, then do not have one unless you have hired an attorney to represent you. You can not sue the sheriff's office for discrimination but might have a suit for violation of civil rights. Any allegation against the sheriff's office must have a claim filed within 180 days of the incident or you can not bring a lawsuit without court relief from the Government Tort Claim statute.

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Answered on 5/15/11, 7:48 am


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