Question about the right to have a CHL in Oregon.

[Gunner3456]

If your SIL (reguardless of his being a LEO) filed a false report, he is the one that is liable. (under liable law). As is was not in the performence of his offical duties he will not be able to have the city/county/state defend him. You should be able to recover your costs, maybe more. It is a tort to liable someone, and if that liable costs the liabled person reputation or funds, they are recoverable under civil tort law.

Correct, except I think you meant he's liable under "libel" law. That's written defamation. He's also guilty of slander which is spoken defamation. I'm not going for that. I'm going for "intentional infliction of severe emotional distress" because he not only libeled and slandered me, he's caused me great worry and distress about whether I would be prosecuted (he's a leo) and whether I would ever get my CHL back.

We could amend the complaint with alternative theories, charging exactly the same facts three times, but heading the new causes of action as first libel and then slander. We'd just have to be sure that all of the elements of those charges were alleged. Otherwise it would be cut and paste.

Oregon Rules of Civil Procedure (ORCP) actually encourage alternative theories, even if they contradict themselves.

 

[Gunner3456]

Please understand. This is the schoolyard bully necessity. You get hit wrongfully 4 times and eventually you have to punch back to stop it. I never wanted to be in court.

 

[hermannr]

Ya, I know, I fixed the Lible(s) when I re-read what I wrote... sorry The first "Liable" is correct, though...

Good Luck. We have 5 daughters, and while I may not have chosen the same men for four of them, (however, I do have one SIL that is someone I could have chosen if it had been up to me,,,I am at least not living with what you have. I really feel for you. At least I get along with all 5 of my SILs.

Understand the school yard bully idea, I was partly disabled (recovering from polio) when I was in school...fully understand.

 

[saabin]

All I can say is good luck, I sincerely hope you prevail.

 

[Will_Power]

Hope you get this situation sorted out in your favor, Gunner.

But... a million bucks? Plus punitive damages once the case gets going?

 

[Gunner3456]

Hope you get this situation sorted out in your favor, Gunner.

But... a million bucks? Plus punitive damages once the case gets going?

$500,000 each + attorneys' fees for defending against three filings for restraining orders and for filing one very serious false police report, and to get my CHL back. Because it was all done with "malice" (meaning they knew the charges weren't true) punitive damages should be appropriate. Also because it was "vexatious litigation" the damages could be greater.

Now, should I win, the jury will decide the actual damages and the judge will have to rule on the punitive damage request. Either the judge or the jury can change the amount awarded.

I just want to stop these people.

 

[ZigZagZeke]

Here's an example of what may happen to the SIL:

Officer Eight resigned from his position as a police officer during an internal investigation. The conduct under investigation involved the officer using his cell phone to call in a DUI that he observed driving in front of him. He provided information to the dispatcher and later to the responding officer that the person he said he did not know was intoxicated and that the responding officer had a good stop. The suspect DUI was contacted by police and was determined to not be intoxicated. It was also determined that the suspect was the girlfriend of Officer Eight, and they were in the middle of a disagreement. Officer Eight was charged with disqualifying misconduct based upon the fact that he furnished false and misleading information to the responding officer and under RCW 10.31.100 that officer relied upon Officer Eight’s status as a police officer to initiate enforcement action. Officer Eight’s certification was revoked by the Hearings Panel.

From here.

 

[Gunner3456]

Here's an example of what may happen to the SIL:

From here.

I filed a personnel complaint and was ignored. I filed a complaint with the city council which oversees MPD and was ignored. Nothing happened.

True or not, it felt like a good ole boys' club to me. Maybe I'm wrong about that, but I was left no other option to stop the constant attacks, which I allege were all done with malice. So, I filed a civil lawsuit.

 

[hermannr]

you are doing the right thing gunner, good luck.