Legal Question in Civil Rights Law in California

Re: Counter suit to slander allegations

Thanks for your posting, and apologies for how long it took for you to get a response.

California Civil Code � 47.5 -- the only law of its kind in the nation -- gives police officers a special right to sue citizens who file complaints of misconduct against them. As a result of this new law, yes, you can file a countersuit against this person, and probably should.

That doesn't take away the fact, however, that you have to defend yourself against THIS lawsuit filed by the third party you mentioned, and also internal affairs.

You also have the burden of proof under Civil Code �47.5 to prove that the allegations are untrue.

I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.

Re: Counter suit to slander allegations

Now you know how it feels to be on the other side. Mark Furman consented to his recording. You might be able to get it excluded at trial in the civil suit per the statute, however, internal affairs is not bound by the statute. You stand to lose your job. Has the city offered to defend you in the civil suit? Have they opted to say you were acting outside the scope of your employment and deny any indemnity or defense? My suggestion would be to turn this over to your homeowners insurance. At least they will pay for a defense. I have defended LAPD officers in similar situations in the past. Hell, they beat the hell out of suspects in broad daylight. I take it you used the "N" word. It won't play well to a jury. Call me and we can discuss the matter further. 219-340-3890 It will take a lot of press manipulation. Who is the plaintiff attorney? I commute from LA to South Bend all the time.