Legal Question in Personal Injury in New York

Wanted Poster
An individual calls an ex-boyfriend and asks for a ride to the airport. He obliges and takes her and two of her children to the airport. One of the children is his from their past relationship and one belongs to another ex. It turns out that the father of the other child has a restraining order on the mother forbidding her to leave the county with his son without his permission. No one has contacted the ex-boyfriend, but he hears that the police want to question him in regards to possible accessory to kidnapping for his involvement in giving the mother a ride to the airport. Before he can contact the police and answer any of their questions, he finds posters hung on telephone poles all over his area with his picture taken from a webpage on the internet claiming he is the step father of the missing child and is wanted in conjuction with kidnapping. The poster describes his vehicle and give his tag number. The posters were distributed by the father of the other child. When the ex-boyfriend is cleared by the police, can he sue this father for malicious slander or other personal injury?

Asked on 7/10/01, 9:08 pm

3 Answers from Attorneys

Garry Hanlon

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Re: Wanted Poster

In a word, yes

But what are his damages?

Answered on 7/25/01, 9:13 pm

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Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Wanted Poster

I do not believe the facts you recite will support an action against the father of the girl. The primary reason is that the posters were the truth of the matter at the time, and truth is a complete defense to libel [written] and slander [spoken].

It would be difficult to prove malicious intent on the part of the father in my opinion, and the sympathies of a jury would most probably be with him.

He would appear to have a legal right to take the action he took.

Answered on 7/12/01, 4:44 pm

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R. Freeth Silverman Sclar Shin & Byrne

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Re: Wanted Poster

Let me clarify. If what the poster stated was accurate at the time, then "truth" is indeed a defense. But, if the police were not in fact looking to arrest the ex-boyfriend then there is an action. As also pointed out, one would need to consider whether it would be worth suing the father (does he have money?). There would be damages, but is he judgment-proof? And, has this scenario effected the ex in any way?

Richard Freeth

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Answered on 8/07/01, 10:31 am

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