Darren David Chaker v. Alan Crogan San Diego Probation Department People of the State of California

Darren David Chaker appeals the district court’s denial of his habeas corpus petition brought under 28 U.S.C. § 2254 . Chaker was convicted by a jury for filing a knowingly false complaint of peace officer misconduct in violation of California Penal Code section 148.6(a)(1). In his habeas corpus petition, Chaker alleges that California Penal Code section 148.6 violates the First Amendment. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253.

As discussed below, a formal complaint of peace officer misconduct triggers a mandatory investigation conducted by the peace officer’s employing agency. Within the limited context of that investigation, section 148.6 criminalizes knowingly false speech critical of peace officer conduct, but leaves unregulated knowingly false speech supportive of peace officer conduct. Because we conclude that the statute imper-missibly discriminates on the basis of a speaker’s viewpoint in violation of the First Amendment, we reverse the district court and grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

On April 9, 1996, El Cajon Police Officers Bill Bradberry and Terry Johnston arrested Chaker for theft of service for retrieving his car from…