WALKER v. KIOUSIS

No. E029822.

114 Cal.Rptr.2d 69 (2001)

93 Cal.App.4th 1432

Donovan WALKER, Plaintiff and Appellant, v. Bill John KIOUSIS, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

November 28, 2001.


Attorney(s) appearing for the Case

Law Offices of Thomas K. Hadley and Thomas K. Hadley, Fullerton, for Plaintiff and Appellant.

Anthony M. Santana, Redwood City, for California Association of Highway Patrolmen as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Holly H. McGregor, Law Offices of McGregor & Mosier, Holly H. McGregor and Robert A. Mosier, Laguna Hills, for Defendant and Respondent.

Daniel P. Tokaji and Mark D. Rosenbaum, Los Angeles, for ACLU Foundation of Southern California as Amicus Curiae on behalf of Defendant and Respondent.


OPINION

RICHLI, J.

Civil Code section 47 provides generally that statements made in the course of an official proceeding are absolutely privileged. Those statements therefore cannot serve as a basis for civil liability. Civil Code section 47.5, however, creates an exception, allowing a peace officer to bring a defamation action against an individual who knowingly and maliciously files a false complaint about the officer with the officer's employing agency...

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