Legal Question in Civil Rights Law in California

I have a civil issue. A DA reported in court in front of people, the judge, other attorneys, "And this victim is also a criminal." I was the victim in the case. However, I have never in all of my life been charged or served time in jail. I do not have a record. I was humiliated, slandered, and I have the court transcript which states has the statement. I am a medical professional. I can't believe that the DAs have court "priviledged rights" to slander people, who they have no true information about. I called the DAs office. He informed me that he just, "misspoke." He has never had to correct anything like this before. The Judge didn't catch the mistake or if he heard it, the judge may think I am a criminal and gave less meritt to my letter to the court. I feel this DA needs a consequence for his actions.

I don't feel that it is right for them to have "priviledges" to commit perjury without a consequence. I want a public appology. He didn't have a problem saying it in open court. I want the judge to be aware of the situation and I want the DA to have a consequence.


Asked on 6/17/11, 7:59 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

The general rule that people can not be sued for words spoken in court has a very rational and justified basis. Parties who lost civil cases would file suit against people who testified against them, so many witnesses would either not testify or be extremely bland and vague in what they said. DA's would spend more time in civil cases then practicing criminal law. But as is normally true, a rule that is good in general is bad in particular situations. You have suffered the bad aspect and there is very little if anything you can do except speak to the DA's supervisor and do what you have done. You can not sue the DA. You have embarrassed him to some extent, but you have no real other remedy.

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Answered on 6/17/11, 8:22 pm
Terry A. Nelson Nelson & Lawless

Sorry, but get over it and move on with life. All statements made in court pleadings and proceedings are protected by 'privilege' and 'immunity', whether they are true or not, intentional or mistaken, made by judges, attorneys or parties.

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Answered on 6/20/11, 11:23 am


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