Fowler

A public employee accuses a coworker of sexual harassment and rude behavior. The State Personnel Board adopts the findings of an administrative law judge who finds most, but not all, the accusations not proven. The accused employee then brings a malicious prosecution action against the complaining employee but fails to file a claim under the California Tort Claims Act. Is his action barred? We conclude it is.

Plaintiff Gary G. Fowler appeals a judgment in favor of defendant Elsie Howell, rendered after Howell’s successful motion for judgment on the pleadings. We affirm and conclude Fowler’s action is barred by the California Tort Claims Act. (Gov. Code, § 900 et seq.)

Facts

On December 9, 1993, plaintiff Gary G. Fowler brought an action against coworker Elsie Howell for malicious prosecution. Fowler, an officer of the California Highway Patrol, alleged that in May and June 1992, Howell falsely accused him of inefficiency, sexual harassment, and rude behavior. Fowler alleged that these false accusations caused him emotional and physical distress and damaged his reputation.

Fowler pleaded that the California State Personnel Board held a hearing on June 29, 1993,…