Tennessee  |  Personal Injury

Legal Question

Asked on: 3/19/11, 3:20 pm

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?

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