Legal Question in Discrimination Law in Massachusetts

Grounds for suit of defamation of character?

My brother contemplated shoplifting a portable cd player that costs $80. He changed his mind, didn't steal it, ended up giving it to a store clerk in another department of the store for proper placement. Hours later (or days, unsure) store security found him at his job, in another store at the same mall, and claimed he was caught on video. Police arrived, viewed the video and determined he didn't shoplift, no grounds for arrest. Despite this, mall security is harrassing him, threatened that he must stay out of the mall ''forever'' and told his employer he was a thief. My brother hasn't gone into this store since the day of event, however still goes into the mall to work at his job. Security is repeatedly appearing at his place of employment and harrassing. On one event, made him clock out and leave his job and claimed he was not permitted to work at this store any longer. Family/he wants to sue for defamation of character. Does he have proper grounds for such a suit?


Asked on 7/19/02, 9:51 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Grounds for suit of defamation of character?

In Florida claims for "common law defamation" require a publication to a third party of some false and defamatory statement concerning another, with fault amounting to at least negligence on behalf of the publisher, with damage ensuing. Despite being extremely embarassing, how has your brother been damaged? Has he lost his job as a result, has he suffered mental anguish? I would need to further explore your brothers facts.

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Answered on 7/20/02, 12:58 pm


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