Do I have grounds for a lawsuit?

[stephenv]

The situation in am involved in is a bit complicated but I will try to summarize it.

I live abroad and became aware that there was a US fugitive living in my area and he was wanted for some pretty horrible things. I therefore wanted to see if I could help justice in any way and I found out that there was an anonomous informant system which I could use to relay information. Anyway they soon told me to write directly to the police officers involved and that my identity would be fully confidential etc.

So far so good. Anyway the fugitive has finally been arrested and has been send back to the US so that he can go on trial there for the open case. Due to information given by this police department to local newspapers, it is clear to anyone who lives in my area that I am the one who was the informer. They even quoted in the newspaper directly pieces of text which I had send to them through the confidential tip system. This must certainly be illegal / wrong some how. My name was not mentioned directly however other identifying information was which all lead to me.

Friends and relatives of the guy found out about the article as it was posted online and they found it while looking for any new information about their friend. My family and I are now being threatened, receiving death threats etc because of the police officers in charge not giving me the full confidentiality as promised. I cant give more exact details of how and what the information is because I would only dig myself a bigger hole as this is a public forum.

I am scared to sleep because of what these people might do to my family, I will almost certainly have to relocate to keep my family save. All I wanted to do was help too help to pick up a bad guy and now I am danger.

So basically, am I entitled to see damages against the police department for breaking confidentiality and for supplying the newspapers with enough points of information which has lead to people here realizing that it was me or was the informer and who now want to harm me and my family.

 

[CdwJava]

So basically, am I entitled to see damages against the police department for breaking confidentiality and for supplying the newspapers with enough points of information which has lead to people here realizing that it was me or was the informer and who now want to harm me and my family.

Depending on the laws in your un-named state, the police might be REQUIRED to release certain information upon request - this might include information that came in over a publicly funded and maintained tip line. Unless the tip line message established a "special relationship" be telling you that NO information would be released and guaranteeing all information would remain confidential, I would think no cause of action exists.

Certainly, you can consult an attorney, but I doubt you have a serious cause of action here. A special relationship will have to have been made and violated. Depending on the language used on the tip line, this may or may not have occurred - it depends on what they promised you.

Have you reported the threats to the police? If not, then how are you going to claim damages? If the threats have not been reported or investigated, then if the first time anyone hears about them is as part of a civil suit, your claims will be weakened considerably.

- Carl

 

[stephenv]

I dont believe that a US police department has to give any information to a newspaper.

I was guaranteed that I would remain completely anonymous. I got the additional confirmation of this in an email from the officer on the case:

Even if asked by an "interested party" not associated with law enforcement we just do not respond to them. It is none of their business!

I have similar statements from this in various emails from them and its actually even mentioned on their website that the laws in place would protect my privacy.

So as tip line message established a "special relationship" be telling you that NO information would be released and guaranteeing all information would remain confidential, do I have a case now?

I received an email from another officer today who told me that he was sorry about the media leak by his department which he admitted to and that there is nothing else he can say or do.

So what do you think, any grounds for a lawsuit?

 

[CdwJava]

I dont believe that a US police department has to give any information to a newspaper.

You BET there is! Every state has a public records acts that requires certain information to be released upon demand - whether it be to the news media or a private person. Whether this sort of thing (the tip line) is covered in your un-named state, I couldn't say.

I was guaranteed that I would remain completely anonymous. I got the additional confirmation of this in an email from the officer on the case:

Even if asked by an "interested party" not associated with law enforcement we just do not respond to them. It is none of their business!

The release of statements that might allow one to deduce your identity may or may not be covered by this promise. That will be up to a jury to decide if you can get an attorney to take the case.

If they have not identified you by name or other personal description, that may be sufficient to protect them. If the information was vague to the general public (i.e. "a neighbor provided information ...") then that, too, will likely be sufficient to protect them. If they were to have said, "the man living in the house immediately west of the suspect ..." now THAT might give grounds for some sort of action if you received promises of anonymity.

So as tip line message established a "special relationship" be telling you that NO information would be released and guaranteeing all information would remain confidential, do I have a case now?

That depends on the info released and the statement on the tip line and from the other officers.

It will also depend on the damages you have incurred as a result of their actions.

I received an email from another officer today who told me that he was sorry about the media leak by his department which he admitted to and that there is nothing else he can say or do.

I would certainly save that because if you can get an attorney, that sort of thing would be great at trial.

This is why officers and agencies should never make blanket statements concerning anonymity ... there is no way to absolutely guarantee it. I promise to do my best to keep an anonymous tipster's info from becoming public, but I will not promise. And, I can not make any promises concerning others conduct. I tell my informants what *I* will or will not do, but that's the extent of it.

So what do you think, any grounds for a lawsuit?

You'll have to articulate your damages and speak to an attorney in your state who can review all the facts and promises.

Have you reported the threats to the police? Like I said, if you have not, it weakens any claims for damages against you. The defense will say that if you were so afraid, why did you not call the police? What other steps have you taken to protect yourself or your family? That sort of thing.

- Carl