Can a police officer sue a plaintiff for libel over a complaint of police misconduct?

California, United States of America


The following excerpt is from Pena v. Municipal Court, 157 Cal.Rptr. 584, 96 Cal.App.3d 77 (Cal. App. 1979):

The courts have held that a citizen's complaint of police misconduct is privileged so as to preclude a civil libel action by the officer against the complaining citizen. (Imig v. Ferrar (1977) 70 Cal.App.3d 48, 55, 138 Cal.Rptr. 540.) The public policy considerations expressed in Imig to bar a civil action on a citizen's grievance are equally applicable to a criminal action based on the contents of such a complaint:

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