Legal Question in Civil Rights Law in New York

Defamation, law suit?

On June 9th 2008 my husband left the state of CO while serving mandatory parole. He completed his time but CO has mandatory parole for all persons holding a felony rather they served all their time or not. He was picked up at my house on Sep. 16th 2008. When the police picked him up they said he was wanted as a sex offender by order of the state of CO. when the officer said this he was standing at the end of my drive way yelling it several times, he then went on to say my children were not safe.

After the arresting officer got to jail he called me back to tell me that on my husband�s rap sheet there is nothing about being a sex offender or having a sex crime altogether, he said Colorado put it in their system for whatever reason but that it was not true.

I then paid the $7. And got my husband�s rap sheet my self, and found the same thing, nothing about sex, it�s all drug abuse.

My husband is currently sitting in a NYS jail waiting for CO to extradite him back to CO.

My question is do I have a lawsuit for defamation of character? Or for anything?


Asked on 9/23/08, 9:21 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Defamation, law suit?

I don't think that you do but your husband might.

Difficult to prove damages as a felon though.

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Answered on 9/23/08, 3:43 pm


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