Hi. I have a question regarding what I think may potentially qualify as intentional infliction of emotional distress. In February, a former romantic partner and I were on the rocks. She chose to change her phone number so that we could take a break and informed me of this via sms from her google account. I responded in an email saying it was probably best because I couldn't handle her constant back and forth with our relationship now anyway. She then called the cops and reported me as suicidal, and later included in the report a text document with supposed email and chat messages which she claimed came from me. I did not send any of these messages and many are time stamped after I met with officers who said that if I couldn't say that I had said I was suicidal they would have to arrest me. I refused to say I was suicidal (because, of course, I wasn't) and I was taken to a mental hospital and committed for three days. However I actually only had to stay one day because a team of psychologists found me to be in good mental health other than the trauma I had just experienced. Since then, I have been voluntarily seeing a psychiatry nurse practitioner because of anxiety associated with these attacks. I also have received threats from her father claiming she is planning to report me to the police for sending her email. However, I can thoroughly demonstrate that I didn't send the email in question, as was with others at the time she claims to have received this email, and my phones data usage demonstrates that I wasn't using my phone at the time. Because her actions have caused me distress for which I am being treated, especially her false reports that I was suicidal, can I seek damages claiming the tort of intentional infliction of emotional distress? How would I prevent her from retaliating by filing harassment charges?
1 Answer from Attorneys
You may indeed have an action against the person filing the false report. An attorney would need to review the facts in detail, including telephone and police records, to deterine the viability of the suit. Please let me know if we can help.
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