Maverick623
Topic Author
Posts: 4636
Joined: Thu Nov 30, 2006 9:13 am

Another Tale From The "Frivolous Lawsuit" Files

Tue Nov 29, 2011 8:00 pm

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
 
wn700driver
Posts: 1475
Joined: Wed Aug 29, 2001 10:55 pm

RE: Another Tale From The "Frivolous Lawsuit" Files

Tue Nov 29, 2011 8:14 pm

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.
Base not your happiness on the deeds of others, for what is given can be taken away. No Hope = No Fear
 
Maverick623
Topic Author
Posts: 4636
Joined: Thu Nov 30, 2006 9:13 am

RE: Another Tale From The "Frivolous Lawsuit" Files

Tue Nov 29, 2011 8:27 pm

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
 
wn700driver
Posts: 1475
Joined: Wed Aug 29, 2001 10:55 pm

RE: Another Tale From The "Frivolous Lawsuit" Files

Tue Nov 29, 2011 8:33 pm

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.
Base not your happiness on the deeds of others, for what is given can be taken away. No Hope = No Fear

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