California Court of Appeal

WALKER v. KIOUSIS, E029822

Civil Code section 47.5, which allows a peace officer to bring a defamation action against an individual who knowingly and maliciously files a false complaint about the officer with the officer's employing agency, violates the 1st Amendment.

Appellate Information

• Decided 11/28/2001
• Published 11/28/2001

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Law Offices of Thomas K. Hadley and Thomas K. Hadley, Fullerton, for Plaintiff and Appellant., Anthony M. Santana, Redwood City, for California Association of Highway Patrolmen as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Holly H. McGregor, Law Offices of McGregor & Mosier, Holly H. McGregor and Robert A. Mosier, Laguna Hills, for Defendant and Respondent.,  Daniel P. Tokajiand Mark D. Rosenbaum, Los Angeles, for ACLU Foundation of Southern California as Amicus Curiae on behalf of Defendant and Respondent.