Legal Question in Personal Injury in Maine

defamation newspaper

Recently in a local newspaper under police notes my name was printed stating that I was summonsed for theft by unauthorized taking or transfer. This is false information. I was part of an investigation but was never charged nor summonsed. I recieved no paperwork of sort. I notified the police dept and they said they were sorry for the error and made the correction in their files. I almost lost my job. I had to get a letter from the police dept stating that what was printed in the paper was false and that I was not being charged with anything. Can I file charges against the police dept? What should I do?


Asked on 2/12/09, 2:07 pm

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

Re: defamation newspaper

It is unfortunate that you had to go through this. Based upon what you have told me, the police may have been negligent, although they corrected their error in part by giving you the letter for your employer clarifying the facts. However, you could also ask them to clarify in the paper that you were not summonsed, but that would just bring more attention to the fact that you are associated with a theft matter, therefore potentially having the opposite effect of what you want. Since you did not lose your job you have not shown any economic damages that can be calculated. It appears that their actions were not intentional, which leaves you with the burden of proving that you somehow sustained reputational damages that can be translated into money for you. Moreover, the police may have something called "discretionary immunity" under the Maine Tort Claims Act, thereby preventing you from bringing a claim against them at all. Given that juries typically support the police in court, it may be very difficult for you to get any damages in your case. Another attorney may have a different opinion, so if you intend to pursue this matter, you should get another opinion of your case. Good luck!

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Answered on 2/12/09, 2:28 pm


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