California CodesCivil Code - CIVDivision 1 — PersonsPart 2 — Personal RightsSection 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.

Notes

Allows a peace officer, despite Section 47, to sue for defamation over a false complaint of misconduct, criminal conduct, or incompetence filed with the officer's employing agency, if the complainant knew it was false and acted with spite, hatred, or ill will. Knowledge of falsity can be shown by no reasonable grounds plus reckless disregard for the truth.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 47.5 | https://laws.lexinter.net/codes/california/civil-code/division-1/part-2/section-47-5

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.