Legal Question in Civil Litigation in California

defamation, libel or slander

A friend of mine was falsly charged with a felony (pc289I) by his own daughter. The charges were dismissed because he was able to prove she made it all up so that she could move back with her mom and avoid going to Christian school or boot camp.

My friend is in law enforcement and while all of the court issues were going on, he was on administrative leave. His supervisor,who coincidentally happens to be the arresting detectives daughter received information from her dad and spread it amongst other co-workers and civilians at his job. This supervisor's husband who also works for the same company, also gossiped about these false charges spreading rumers that he was guilty and a child molester. Between the two of them they have ruined the honorable character my friend had.

He will be going back to work soon but does not want to work under this supervisor and is seriously thinking of filing a defamation suit against the arresting detective and that police dept as well as his supervisor and her husband. He has filed a formal complaint with the HR department.

Is this considered defamation, libel or slander and does he have a case. If so, what is his steps?


Asked on 10/31/05, 6:37 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: defamation, libel or slander

Depending on what was said to others, it probably would be defamatory. The practicalities are, does it make sense to get involved in a lawsuit with people he works with -- especially in the area of law enforcement?

If the police were acting on a report from a stranger by arresting your friend, they likely are immune from lawsuit. However, if they spread misinformation about your friend among work colleagues through gossip and innuendo, that might be actionable.

Read more
Answered on 10/31/05, 6:57 pm
Cynthia Beckwith Law Offices of Cynthia Beckwith

Re: defamation, libel or slander

You do not mention whether your friend is unionized, but if he is a peace officer, chances are that he is. If so, this is probably covered by the collective bargaining agreement, and he may need to start by filing a grievance. I do not do this kind of work, but my husband happens to be a retired peace officer, and I would be happy to refer you to an appropriate attorney if you contact me.

Good luck.

Read more
Answered on 11/01/05, 4:00 am


Related Questions & Answers

More General Civil Litigation questions and answers in California