Haddad

AMENDED ORDER GRANTING 1) PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION, AND 2) FOR A PERMANENT INJUNCTION.

The court has read and considered Plaintiff Joseph Haddad (“Haddad”)’s motion for summary adjudication, Defendant California Department of Highway Patrol Officer Scott E. Wall (“Wall”)’s opposition, and Haddad’s reply. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

Haddad is challenging the constitutionality of California Civil Code § 47.5 (“Section 47.5”) which authorizes a defamation suit by a peace officer for false statements made in citizen complaints regarding the officer’s conduct to his or her law enforcement agency employer.

Haddad initiated the instant action in the United States District Court for the Central District of California — -Eastern Division. He alleges in his Third Amended Complaint (“TAC”) the following claims against Wall : 1) violation of the Fourteenth Amendment — denial of procedural due process — pursuant to 42 U.S.C. § 1983 (“Section 1983”), 2) violation of the First Amendment pursuant to Section 1983, and 3) violation of the Fourteenth Amendment — denial of equal protection — pursuant to Section 1983. Haddad…