Cop Slander Suit Statute Struck Down
...by Eric Kirk
Under Civil Code section 47, citizens have a right to file complaints with government agencies without fear of reprisal. Civil Code section 47.5 allowed an exception for police officers who could slap a complaining citizen with a slander suit if they filed a complaint deemed willfully false or misleading. The exception was passed in the early 80s when the officers' unions and other "law and order" forces muscled through a flurry of "reforms" that are questionable at best from a civil liberties standpoint.
The law has been used locally on at least one occasion by a California Highway Patrol officer who reportedly has received a number of complaints and wanted to send a message. He lost his case, which was filed in small claims, but sent a message that might silence others with complaints about this officer.
The ACLU had been anxious to challenge the legality of this law, but the officers suing across the state had at least by appearances decided as a policy to back off when substantially challenged, possibly for fear that the law might be struck down. Even without verdicts favoring the police, the mere existence of the law often made complainants think twice about filing complaints.
One noteworthy case was that of McCloskey v. Evans. The case stemmed from an incident on September 8, 1997, when Betty Evans, a black woman, heard a commotion outside her apartment door in San Francisco. She looked through the peephole and saw officer McCloskey kicking a handcuffed suspect on the floor. She opened the door and yelled, "Don't kick him," and he stopped. She immediately called 911 to report the incident. The incident was investigated, using Evans as a witness, and a finding was sustained of excessive force against McCloskey. McCloskey then sued Evans on September 1, 1998, for $25,000 in damages based solely on her testimony in the investigation. After the ACLU took her case and put up a show of legal force, McCloskey dropped the case.
Finally, the ACLU decided to take the initiative. The case of Gritchen v. Collier arose from a 1997 incident. Mr. Myron Gritchen was stopped by officer Gordon Collier. Gritchen believed the officer had treated him in a discourteous manner, and filed a complaint with the Long Beach Police Department. Later that year Collier threatened to sue Gritchen for slander under the statute. Taking the mere threat as a cue, the ACLU filed suit on behalf of Gritchen.
The law, the only one of its kind in the country, was subsequently declared unconstitutional by Judge Gary L. Taylor of the US District Court (Central District), who determined that section 47.5 violates the First Amendment, by specially targeting speech critical of peace officers. He held that the statute does not serve any compelling governmental interest and violates the free speech and petition clauses of the First Amendment.
"This ruling affirms the basic right of all citizens to speak out about police misconduct. The Court has recognized how vital it is to have an open channel of communication between the police and the communities they serve," said ACLU Staff Attorney Daniel Tokaji, who argued the case. "No longer will citizens with legitimate complaints against police officers worry that they could lose their life savings or their home because they have the courage to speak out."
So far, there is no word as to whether the Long Beach Police will appeal.
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