Q: What damages must I prove on a claim of per se slander?
A woman is falsely accusing me of murdering her sister. The woman has falsely accused me of stealing everything I have from her. The woman is protected by a NYPD Patrol Officer who seems to have made her his only person to protect. Also, the NYPD Patrol Officer has also falsely accused me of murdering this woman's sister, a sister that does not exist. This Patrol Officer is also the one who drove me to Criminal Court in 2002 after the District Attorney's Office instructed me to be released from the 84th Precinct.
A:
None, so long as the defamation fits into one of the four (4) categories I have articulated below"
There are four general categories of untrue statements presumed to be harmful to one's reputation and therefore defamatory per se. Typically, if the statements do not fall into one of these categories the plaintiff is required to prove his damages. If it does fall into one of these categories, damages are PRESUMED (meaning the burden is on the defendant to DIS-PROVE THEM) The four general categories are:
1. Indications that a person was involved in criminal activity
2. Indications that a person had a "loathsome," contagious or infectious disease
3. Indications that a person was unchaste or engaged in sexual misconduct
4. Indications that a person was involved in behavior incompatible with the proper conduct of his business, trade or profession
Remember that TRUTH is a defense to all forms of defamation, including "per se" defamatory statements; the other elements of defamation must generally be met as well.
If you need further advises please reply to this thread and I will try to help as best I can.
Aubrey C. Galloway III, Esq.
The Law Offices of Aubrey C. Galloway III, Esq. P.C.
2 Overhill Rs, Suite 400
Scarsdale NY, 10583
P: 914-912-1555
F: 914-740-8130
AG3LAW.com
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