Re: Sarah regarding the awful false report to child services

On Feb 14, 5:09�pm, the 3rd Man <sir_de...@xxxxxxxxx> wrote:
On Feb 14, 2:49�pm, cowabungabartnewsgrouplea...@xxxxxxxxx wrote:

Because it was apparently done intentionally, with actual malice..."in
reckless disregard of the truth".

Even permitting the inquiry would open up every complaint to exposure
of the person making the report. So let's say a person in sarah';s
position could file a lawsuit against john doe and then find out who
it was. And then inquire into the state of mind of the person making
the report.

Well, I would prefer not to enage in offering legal advice or debate
on something like this over the internet for starters...but I would
note that due process and equal protection issues most likely attach
where a child custody issue is involved and that includes the
fundamental right to confront witnesses. Statutory concerns of witness
confidentiality cannot be perverted to prevent abusive situations.

�Wouldn't really say more than that without looking at the books....and
don't care to in this instance...nor do I care to argue it, either.

But this is matter of local law...and that is why I suggested that
Sarah pursue it with her relatives...who she has mentioned several
times as being lawyers.

And...since it is a California matter...they may have to consult Edgar
Cayce from what I gather how they operate out there.

Whether it is an actionable claim or not...maybe, maybe not. Again,
would ask an experienced California attorney. But I would imagine that
a judge would be looking for a reason to find damages in a matter like
that.

And...I would suggest pursuing it as a matter of Lyme "activism".
Regardless of whether any economic recovery could be had.

And...I would suggest to you also that since there is a possibility
that the actual "perp" could be reading this...downplaying the legal
likelihoods might not be all that helpful.

Hey I did a little online research and you are right. There IS
immunity from liability for anyone making a report UNLESS it can be
shown that the false report was made knowing it was false or with
reckless disregard for whether it was false.

But then it requires that damages be shown.

So you were right I was wrong. I shouldn't argue law with a lawyer.
Lesson learned.

Even without damages though I think you're right. She should pursue it
even if it is just to find out who did it and then drop the case if
she can't show damages. And she should reveal who it was. I know it
wasn't me so I'm not worried.

Maybe it was chuck? More likely McSweegan. Or one of the rifers. Or
one of the IDSA guys--not because I think there are paid plants or
anything but I do bet that in her lectures to them (surely annoying
anecdotes about her and her kids were included stupidly since these
guys don;t want anecdotes but evidence and by that THEY mean placebo
controlled peer reviewed studies).

Of course to prevail she'd have to show damages and that the reports
were made in bad faith or reckless disregard and I don't think there
are any damages but if the point is to find out who did it and out
them, more power to her.

I hope that she has learned a lesson though. Maybe she doesn't need to
share every detail of her life on the internet. Doesn't have to remain
anonymous. But use some discretion and common sense.

And like I said if she doesn't have any (little evidence that she
does) then she should phone a friend or use some other lifeline.

Of course all the drama queen stuff and hysteria and overreactions are
tiresome but this really did suck

.

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