Legal Question in Civil Litigation in California

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 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, 12:21 pm

3 Answers from Attorneys

You completely misunderstand Civil Code section 47. It actually makes it ILLEGAL for you to sue them.

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Answered on 6/03/11, 1:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The complainant's statement might well be held privileged under Section 47(b). But you have nothing to lose by taking him to small claims court for $7500.

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Answered on 6/03/11, 1:01 pm
Terry A. Nelson Nelson & Lawless

Complaints and court filings like these do not provide grounds to sue, unless proven to be totally and knowingly false. You disagreeing with it does not make it false. If video clearly proves it to be false, then consult with your union rep or private counsel about what you can do.

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Answered on 6/03/11, 1:01 pm


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