Stranger Called Cops on Me, Assuming I was a Kidnapper... While my Daughter had a meltdown in public (Arizona)

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Hi all. Trying to figure out how to handle this situations, as it clearly affected me and my daughter (4). We were visiting my parents in Scottsdale and my kiddo didn't nap and was hungry. It was dinner time and she wasn't thrilled about having to wait at a restaurant. She flips out and my folks ask me to take her for a walk... So we leave the restaurant and my little girl just crumbles on the sidewalk. I sit with her and try to find a game on my phone to grab her attention, while looking for a quicker meal. All of a sudden a woman starts screaming "He's kidnapping her." I l look around. It's just me and my sad little girl and I told the woman that I am just trying to end the meltdown and get some food in her. She relents and keeps screaming that I'm a kidnapper. Within seconds, I am enclosed by a group of people who are getting in our faces and screaming at us. I was spit on and called terrible things in front of my daughter. I wanted to walk away from the situation but I knew that would only look more suspicious. I give in and show people family photos - most leave, but not the woman that started the whole thing. She called the cops and 3 cruisers park in front of us. My daughter and I are detained (separated from the woman) and I explain the whole situation. The cops take all of my information and tell us that we are free to go... all while the lady is smiling. A job well done.

Regardless, the next day I ask my daughter if she wants to go for a walk and she doesn't. She's afraid the cops will get me. The same thing happened with her grandparents - they're out for dinner and a police officer walks in - she tells my mother-in-law that she doesn't want the officer to take me away forever.

This experience def. had an impact on us. I actually start therapy tomorrow. Between pain and suffering, harassment... I mainly want this woman to understand that she did more harm than good. I can understand a concerned bystander, but after I showed her family photos she should have just left us alone. Any advice would be great.

I have the officer's information and they have the number she used to dial 911 and make the report.

While her intentions meant well… her actions were malicious. Is there a case for pain/suffering/harassment?

Posted May 10, 2022, 5:32 PM UTC · edited · locked

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parishilton2•

No. Intentional infliction of emotional distress has a high standard and this does not meet it.

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Pure-ApplesauceMODQuality Contributor•

The question has been answered. Locking before the comments get silly.

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Wyld_1•

Maybe filing a false police report? She was presented proof, then proceeded to involve law enforcement.

IANAL

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looker009•

This is on same level as calling CPS. It probably took cops longer to get there compare to being satisfied that he is her father.

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Jasonsg83OP•

It's more about the pain and suffering and harassment. We showed viable proof and she didn't care.

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ops-name-checks-outQuality Contributor •

Which is unfortunate, but not relevant. You cannot sue her and she committed no crime. If people spit on you then they have likely committed assault or battery (I don’t know exactly what Arizona law calls that crime) and you might be able to sue them, if you knew who they were.

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Internet_GhostQuality Contributor•

It's more about the pain and suffering and harassment.

Even if you had a viable cause of action, how much do money do you think briefly being detained and proving you're the parent of the child to the police is worth?

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Jasonsg83OP•

For me, it’s more about this woman trying to be a hero whenever she sees a crying child with a father doing his best. I was cursed at, spit on and treated like a villain for doing nothing

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Internet_GhostQuality Contributor•

That may be about what it is for you, but a civil court case is designed to monetarily compensate you to make you whole. The court can't teach her a lesson. They can't change her behavior and make her never do that again. All they can do is issue you a monetary judgment IF the trier of fact determines you need to be compensated and how much. If you have no real monetary damages, it's a waste of time.

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While her intentions meant well… her actions were malicious. Is there a case for pain/suffering/harassment?

I am guessing this is the question

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98PercentCorrectQuality Contributor•

Obviously you can't get someone charged with a crime, or sue them, for calling the police in what they thought was an active crime.

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Well, you can pretty much sue anyone for anything - the question is whether you have a viable case. IANAL

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98PercentCorrectQuality Contributor•

This case would be dismissed immediately.

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DaveSauce0•

Wouldn't this be slander per se?

Not a lawyer, but the woman publicly accused OP of a crime he did not commit, which resulted in a mob assaulting him.

THEN she called the cops.

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98PercentCorrectQuality Contributor•

No, of course not.

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