Q: Can a probation officer who intentionally filed a false probation report in order to have me violated be sued for liable
I was violated for allegedly be alone with my son. The officer that made the report did not witness me alone with my son, nor did the officer who visited my home the night beforehand and reported back to my primary officer
A: I believe you mean libel (written defamation of character) - that is, can he be held liable for libel? First, you must be cleared of the probation violation charge. If you are found guilty, you likely cannot sue anyone for anything regarding the charge - so if the charge is still pending, you need good representation in the criminal court. If you have been cleared of the false charge, then you might have potential claims for malicious prosecution and libel. Assuming you would have viable claims, another issue is whether they'd be worthwhile to pursue. Have a civil rights lawyer take a look at it once you are cleared of the charge.
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