Strategic Lawsuits Against Public Participation (SLAPP)
AKA: "abuse of process", "filing a false report", "harassment"
The United States and Massachusetts' Declaration of Rights grant every person the right to participate in government, to report crimes, to report suspicions, to report bad conditions, without being subject to civil claims. These suits are known as "SLAPPs," or "Strategic Lawsuits Against Public Participation." These SLAPP suits are an attempt by a landlord, company, or the Government to take away your First Amendment rights to engage in civic affairs, to speak freely on public issues, and petition government officials for redress of grievances. Your protection is the Massachusetts Anti-SLAPP statute. If you find yourself being sued for exercising these constitutional rights, you have protections.
The Massachusetts' anti-SLAPP statute, G. L. c. 231, § 59H, is used to counter a SLAPP suit filed against you. The statute allows you to file a special motion to dismiss a complaint filed against you based on the "exercise of [your] right of petition under the constitution of the United States or of the commonwealth." The statute, by its terms, does not apply to speech activity that is not connected to petitioning the government, but Massachusetts courts have interpreted petitioning activity to include some online publishing activities. If a court grants a motion to dismiss under the anti-SLAPP statute, it will dismiss the plaintiff's case early in the litigation and award you attorneys' fees and court costs.
If your landlord files a counter-claim, claim, or new law suit against you for "abuse of process", "filing a false report", or otherwise named claims (i.e., harassment) you have protections under the Massachusetts anti-slapp law.
Contact me to learn your rights.
The Massachusetts' anti-SLAPP statute, G. L. c. 231, § 59H, is used to counter a SLAPP suit filed against you. The statute allows you to file a special motion to dismiss a complaint filed against you based on the "exercise of [your] right of petition under the constitution of the United States or of the commonwealth." The statute, by its terms, does not apply to speech activity that is not connected to petitioning the government, but Massachusetts courts have interpreted petitioning activity to include some online publishing activities. If a court grants a motion to dismiss under the anti-SLAPP statute, it will dismiss the plaintiff's case early in the litigation and award you attorneys' fees and court costs.
If your landlord files a counter-claim, claim, or new law suit against you for "abuse of process", "filing a false report", or otherwise named claims (i.e., harassment) you have protections under the Massachusetts anti-slapp law.
Contact me to learn your rights.