mercredi 6 septembre 2017

Defamation: Lawsuit Against Newspapers for Libel About False Kidnapping Accusation

My question involves defamation in the state of: New Jersey

I am looking to open a settlement lawsuit against the police of my township and several newspapers. Last year, a fight with an ex-girlfriend got out of control and the law ended up getting involved. I was arrested for first degree kidnapping, criminal restraint and theft of her phone with a $250,000 bail.

Due to the amount of time required to gather such funds, I spent a torturous week in jail. When I got out I discovered multiple newspapers had published articles regarding the incident with lies, half truths or omitting the truth altogether without doing their due diligence. Although it was a domestic issue, the State proceeded by treating it as a criminal case. I was supposed to go back to school in January but had to stay for the best possible outcome. I ended up taking a plea bargain where I plead guilty to the theft charge but the kidnapping and restraint charges were dropped. I was put on probation for three years and mandated domestic violence/anger management therapy.

Now that I am in a more secure place in my life, I would like to sue the municipality of the state for false accusation and malicious persecution. I would then like to collectively sue all of the newspapers together for libel, defamation, tort of negligence and breach of privacy

I am suing the State for the emotional trauma and psychological damage of spending a week in the A row of jail with people who unlike me are legitimate murderers, kidnappers and rapists. I am also suing for the overwhelming stress of possibly facing 25 years of prison time for a crime that I did not truly commit. I am also suing for the resulting consequences of the case, primarily me being forced to withdraw from school and unable to seek employment. I am also suing for additional stress of the entire legal situation including the hiring of a lawyer, multiple unnecessary meeting with the justice system and the added responsibility of probation and therapy that I do not need.

Most importantly however I am suing the newspapers for the damage it has had on my reputation, my inability to attain employment and the effect it has had on my social life. Because of this I lost my previous job and every job I go to refuses to hire me, probably due to the fact if you search my name the first thing that comes up is my mugshot and inaccurately accusatory articles. Also, I cannot show my face in social situations without undergoing extreme embarrassment. Every time I go out and talk to people now I am questioned about the incident, where I have to undergo the humiliating shame of explaining this transgression to my reputation. All of my relationships with my family, friends and family’s friends have suffered as well. People have either started treating me differently, stopped talking to me as much or stopped talking to me altogether due to the damage any association with me may have on their reputations as well.

The levels of psychological and emotional stress have become overwhelmingly abundant to say the least. Due to the excessive overthinking about my inability to go to school, lack of employment and where my life is headed I have lost so much sleep. I stay up all night almost every night and have since been clinically diagnosed with insomnia. The emotions of shame, embarrassment and humiliation that have emerged from the impact this case has had on my social life are unsurmountable to say the least. I have suffered a great deal of emotional pain that I feel can never truly be compensated for.

My only remaining question, what is a reasonable financial equivalent to the psychological, emotional and social trauma that I have endured? What amount of money could I be expecting to get out of this and how much I should sue for in order to attain that amount in the end after they try to lower the price through compromise?

From my understanding, when I sue them for a certain amount they will try to settle for a much lower amount and offer a much lower number. So there are two numbers I need to figure out: the first number is the amount of money I will end up actually be receiving in the end and the second number is the amount of money I should start at in order to receive the first number after their attempts of settlement. What is a good estimate of those two numbers?


Defamation: Lawsuit Against Newspapers for Libel About False Kidnapping Accusation

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