Walker

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.

As have two federal district courts, we conclude Civil Code section 47.5 impermissibly regulates speech based on the content of the speech and therefore violates the constitutional right of free speech. (Haddad v. Wall (C.D.Cal. 2000) 107 F.Supp.2d 1230 ; Gritchen v. Collier (C.D.Cal. 1999) 73 F.Supp.2d 1148 , revd. on other grounds Gritchen v. Collier (9th Cir. 2001) 254 F.3d 807 .)

I

Factual and Procedural Background

California Highway Patrol (CHP) Officers Donovan Walker and Philip Husband arrested Bill John Kiousis for suspected drunk driving on December 5, 1997. Kiousis pled guilty to a “wet reckless,” i.e., reckless driving with consumption of alcohol, on April 29, 1998. (Veh. Code, §§23103, 23103.5.)

After pleading guilty,…