Gritchen

TAYLOR, District Judge.

Plaintiff's Motion for Summary Judgment is GRANTED.

The Court finds California Civil Code § 47.5, specially authorizing a defamation action by a police officer targeted by a citizen's false complaint, is unconstitutional.

In 1998 Plaintiff motorist was stopped by Defendant, a Long Beach Police Department officer. Plaintiff later filed a citizen complaint about the officer's conduct during the traffic stop. The police department found there was no misconduct.

Defendant (through his attorney) sent a letter to Plaintiff threatening a defamation suit under Cal.Civ.Code § 47.5, which states in relevant part:

Cal.Civ.Code § 47 is a general provision establishing that most publications and broadcasts arising out of official government duties or proceedings are privileged, and therefore cannot be the subject of a defamation action. Section 47.5 creates an exception to the normal privileged status of citizen complaints about public officials by allowing police officer defamation suits against individuals who falsely charge them with misconduct.

Attached is an Appendix prepared by Plaintiff's attorneys summarizing all states' laws governing citizen complaints…