This question came from one of our users:
Can you Sue Politicians for Lying in Indiana?
According to legal experts from Legal Clarity, filing a defamation claim against a politician, with the burden of proof being family dissolution, would be challenging to uphold in the Indiana Court System. It will be difficult because the ITCA has strict codes that give politicians (who are usually attorneys or connected to great attorneys) a reasonable period to answer or respond to any submitted petition.
Usually, a more extended period than is given to the public. Giving their attorneys much more time to allocate a soundproof defense. For example, if the general public is given 20 days, an elected official will be given 90 days, as specified in Indiana Code 34-13-3-10.
It is crucial to recognize that lawyers are experts in understanding and practicing law. And they do not do much gerrymandering around the claim. Second, you would need substantial evidence to prove that the claims of the politician directly caused damage, personal injury, or substantial loss.
For example, if the mayor of Flint, Michigan, knew that the pipes were decaying with lead and told families that the water supply was safe, knowing that it was unsafe, that is a direct Tort Claim and would be upheld. Because people got very sick (personal injury), people had to move (loss), and people also suffered property damage.
There is an immunity clause that a petitioner should understand before they seek legal advocacy for their claim, damages, etc. Indiana Code 34-13-3-3 provides certain immunities protecting government agencies and entities or employees from being sued explicitly due to policymaking. You would have to prove that you knew they lied at the time of the claim – and perhaps how they benefited from the lie as well.
Therefore, unless your damages resulted in significant injury, death, or other catastrophic claims, there is no significant monetary compensation you can redeem from said office. This is because claims against government officials lack a substantial burden of proof unless extreme. Also, defendants have several legal defenses that can alter the outcome of a case significantly.
There are times when civil rights claims involve excessive force, but those are still difficult to uphold with the Court. Because you must prove the Tort claim, and tort claims are more so for the general public, and can be seen as a form of common law.
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