Legal Question in Civil Litigation in California

(2nd posting. My error. Per 47.5, not section 47) I am a police officer in CA and the husband of someone I cited signed a formal complaint that is being invesitgated by my department for being disrespectful, rude, conduct unbecoming, and harrasing. The complainant was not on scene that the traffic stop. I have a video/audio of the entire event. There is absolutley no merit to his complaint. This is my 8th internal affairs investigation for similar baseless complaints in the last two years and we are all tired of having to defend ourselves so we can do our jobs.

Can I sue the complainant under Section 47.5 of the CA Civil Code? If so, how much ? (I would give the money to a memorial fund for a friend who was killed on a traffic stop)

Thank you for your assistance.


Asked on 6/03/11, 10:14 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You could sue, but you are probably wasting your time. Their attorney will point out that Civil Code section 47.5 was held unconstitutional on its face in Walker v. Kiousis (4th Dist. 2001) 93 Cal.App.4th 1432.

http://scholar.google.com/scholar_case?case=514848471249679060&hl=en&as_sdt=2&as_vis=1&oi=scholarr

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Answered on 6/04/11, 10:12 am


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