Lyons

Teri Lyons appeals the judgment of the district court in her civil rights action under 42 U.S.C. § 1983 against Maurice Moore, an officer of the Los Angeles Police Department (LAPD), the City of Los Angeles and seventeen officials of the city. The heart of her appeal is the argument that the burden of proof in a civil suit alleging rape should be on the defendant to prove consent. Rejecting this novel contention, we affirm the district court.

FACTS

Lyons has been an officer of the LAPD since 1982. She had been engaged largely in narcotics work and in 1991 was a member of the DARE Division, where she taught the DARE anti-drug program to elementary and junior high school children and trained other DARE officers. Toward the end of 1991 and the beginning of 1992, she had difficulties with her supervisor, was forced out of the training team and was limited to teaching in the schools. During the same period she had problems with her husband, who was also an officer in the LAPD.

In this period, late 1991 to early January 1992, she began telephoning anonymously an assistant chief of police in the Operations Central Bureau of the LAPD. The primary topic of the calls was her concern…