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Another Tale From The "Frivolous Lawsuit" Files  
User currently offlineMaverick623 From United States of America, joined Nov 2006, 5732 posts, RR: 6
Posted (3 years 3 weeks 14 hours ago) and read 979 times:

Quote:
A man who held a Kansas couple hostage in their home while fleeing from authorities is suing them, claiming they broke an oral contract made when he promised them money in exchange for hiding him from police.
http://www.abc15.com/dpp/news/nation...ostages%2C-says-they-broke-promise


Give him another 5 years for harassment.


"PHX is Phoenix, PDX is the other city" -777Way
3 replies: All unread, jump to last
 
User currently offlinewn700driver From , joined Dec 1969, posts, RR:
Reply 1, posted (3 years 3 weeks 14 hours ago) and read 969 times:

Lawsuits are not harassment, so no extra time is necessary.

He will not be able to secure a judgement though. No contract, oral or written, has the power to superceed the law, which hiding a fugitive likely contravienes.


User currently offlineMaverick623 From United States of America, joined Nov 2006, 5732 posts, RR: 6
Reply 2, posted (3 years 3 weeks 14 hours ago) and read 955 times:

Quoting wn700driver (Reply 1):
Lawsuits are not harassment

I was under the impression that in many states, the filing of frivolous lawsuits and other such behaviors by a person convicted of a crime against the victims was illegal harassment.

But, if that's not the case, can the victims counter sue for harassment (as a civil case)?



"PHX is Phoenix, PDX is the other city" -777Way
User currently offlinewn700driver From , joined Dec 1969, posts, RR:
Reply 3, posted (3 years 3 weeks 13 hours ago) and read 949 times:

Quoting Maverick623 (Reply 2):
But, if that's not the case, can the victims counter sue for harassment (as a civil case)?

I'm honestly not sure of there's any precedent for that (construing litigation as harassment under those terms that is...). Doubtful though, as simply committing a crime does not alleviate any liabilities that are "foreseable" under the law. It seems unlikely that they'd be able to sue the individual for exercising their right to litigate a complaint. They would have to find something else, perhaps related to the original crime itself.

Again though, a contract cannot be said to be breached if the breaching item/incident is itself a violation of the law. This will be dismissed quickly, no doubt.


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