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California Civil Code Section 47.5

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 47.5

Notwithstanding Section 47, 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, 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.

Last modified: January 12, 2009