President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco

April 2010

           I wrote this article in December which was a busy month because of the holidays. The rough draft was printed in the Star & Shield instead of the final document so I need to make a correction. In the article a deputy asked if he had any recourse to a citizen's false allegations that the deputy had engaged in misconduct. I informed him there is a law that may assist him in this situation. California Civil Code Section 47.5 states "..a peace officer may bring an action for defamation against an individual who has filed a complaint with that officer's employing agency alleging misconduct, criminal conduct, or incompetence, and if that complaint is false, the complaint was made with knowledge that it was false and that it was made with spite, hatred, or ill will. Knowledge that the complaint was false may be proved by a showing that the complainant had no reasonable grounds to believe the statement was true and that the complainant exhibited a reckless disregard for ascertaining the truth." In order to be successful, an officer would have to prove that the individual who filed the complaint did so with knowledge that it was false and with hatred. In addition, the officer must have sustained sufficient damages to justify the filing of a complaint in Superior Court. In determining damages, the court will look at whether he or she has any emotional injuries, whether he or she lost any promotional opportunities, and whether he or she was inappropriately subjected to discipline by the Department for the complaint. Unless the officer can establish damages, our legal counsel would not recommend the filing of a complaint in superior court. If the officer chose to pursue, he or she would have to pay the legal costs incurred since the Legal Defense Fund would not apply.

           An officer may still desire to pursue this matter by filing a complaint in small claims court against the individual. The officer is not entitled to be represented by an attorney in small claims court but he or she may ask an attorney's advice on how to handle the case. A claim cannot be made for more than $7,500.00. A person who files in small claims court must first make a demand on the defendant if possible. Finally, any claim in small claims court must be filed within the same time limit applicable to a cause of action pursuant to California Civil Code Section 47.5 in Superior Court which is one year from the filing of the personnel complaint.

President, William Abernathie
Chief of Labor Relations, M. Eagleson
Senior Field Representative, Nancy Tate
Senior Field Representative, Mary Blanco