APPENDIX
STATE-BY-STATE PRIVILEGES FOR CITIZEN COMPLAINTS
Statutory Privileges Common Law Privileges
Alabama
No special provision for No applicable Actual malice/qualified
police officers provision located privilege standard of
New York Times v.
Sullivan applies to
comments and complaints
directed toward public
officials. Camp v.
Yeager, 601 So. 2d 924
(Ala. 1992).
Qualified privilege.
Alaska
No special provision for No applicable Actual malice standard
police officers provision located of New York Times v.
Sullivan applies to
comments and complaints
directed toward public
officials. Beard v.
Baum, 796 P.2d 1344
(Alaska 1990).
Qualified privilege.
Arizona
No special provision for No applicable Statements about public
police officers provision located officials are
conditionally
privileged under
Arizona law and police
officers are recognized
as public officials.
Olive v. City of
Scottsdale, 969 F. Supp.
564 (D.Ariz. 1996). See
also Melton v. Slonsky,
504 P.2d 1288, 19 Ariz.
App. 65 (Ariz.
Ct. App. 1973); Selby
v. Savard, 134 Ariz.
222 (1982).
Conditional Privilege.
Arkansas
No special provision for No applicable Comments and complaint
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times
and police officers are
public officials. Karr
v. Townsend, 606 F.Supp
1121 (W.D.Ark. 1985).
California
Statutory exception to California Civil Code Absolute privilege
statutory absolute s. 47 provides an applies to
privilege for police absolute privilege for "communications between
officers statements made in the citizens and public
course of official authorities whose
proceedings. responsibility is to
investigate and remedy
wrongdoing." Imig v.
Ferrar, 70 Cal. App. 3d
48, 56 (1997).
California Civil Code
s. 47.5, enacted in
1982, makes an
exception to the
s. 47/Imig rule for
complaints of
misconduct by a "peace
officer"
Colorado
No special provision for No applicable Actual malice standard
police officers provision located of New York Times v.
Sullivan applies to
comments and complaints
directed toward public
officials. Manuel v.
Fort Collins Newspapers
Inc., 661 P.2d 289
(Colo. App. 1982).
Police officers are
public officials.
Willis v. Perry, 677
P.2d 961(Colo. App.
1983).
Qualified privilege
Connecticut
No special provision for No applicable Absolute privilege is
police officers provision located an affirmative defense,
which applies to
statements made in
connection with
administrative
proceedings that are
quasi-judicial in
nature, including
statements made in
connection with an
agency's quasi-judicial
investigatory powers.
Petyan v. Ellis, 200
Conn. 243, 246 (1986);
Magnan v. Anaconda
Industries, Inc., 37
Conn. Supp. 38, 45-46
(1980); see also
Bieluch v. Smith, 1993
Conn. Super. LEXIS 1319
(written complaint to
the state police,
concerning alleged
misconduct of a state
police officer was
entitled to an absolute
provilege because a
quasi-judicial
proceeding was
involved). The
privilege may be lost
by unnecessary or
unreasonable
publication to one for
whom the occasion is
not privileged. Kelley
v. Bonney, 221 Conn.
549 (1992).
Delaware
No special provision for No applicable New York Times v.
police officers provision located Sullivan, actual malice
standard applies to
comments and complaints
about public officials.
Jackson v. Filliben,
281 A.2d 604 (Del.
Super. Ct. 1971).
Qualified privilege.
District of Columbia
No special provision for No applicable New York Time v.
police officers provision located Sullivan, actual malice
standard applies to
comments and complaints
about public officials.
See White v. Fraternal
Order of Police, 707
F. Supp. 579 (D.D.C.
1989).
One who writes
communications to
police officials
concerning alleged
misconduct of a police
officer is entitled to
a qualified privilege
against liability for
libel and slander.
Sowder v. Nolan, 125
A.2d 52 (App. D.C.
1956.
Florida
No special rights for "Policeman's Bill of Police officers are
police officers, as statute Rights," F.S. public officials
is interpreted by State 112.532(3)(1983) "subject to fair
Supreme Court provides that "Every comment and criticism
law enforcement from any member of the
officer or public..." White v.
correctional officer Fletcher, 90 So. 2d
shall have the right 129, 131 (Fla. 1956);
to bring civil suit See also Harrison v.
against any person, Williams, 430 So. 2d
group of persons, or 585 (Fla. Dist. Ct.
organization or App. 1983).
corporation, or the
head of such A citizen complaint
organization or filed through the
corporation, for system set up by a Dade
damages, either County ordinance
pecuniary or otherwise, (Internal Review
suffered during the Panel), was subject to
performance of the absolute privilege
officer's official because the IRP
duties or for proceedings constituted
arbidgement of the proceedings authorized
officer's civil rights by law. Gray v.
arising out of the Rodriguez, 481 So. 2d
officer's performance 1298 (Fla. Dist. Ct.
of official duties. App. 1986). Russell v.
Held: facially Smith, 434 So. 2d 342
constitutional by (Fla. Dist. Ct. App.
Florida Supreme Court 1983), held that three
because the Court letters of complaint
found the provision to written to Chief of
be merely a Police, Plaintiff
codification of the Police Officer, and two
common law: "the judges (only one of
statute confers on whom had an, arguably,
Mesa no right to sue legitimate legal
for defamation greater interest in the subject
than any right he matter) were subject to
possesses under a qualified privilege
Florida law without under New York Times v.
it." Mesa v. Sullivan.
Rodriguez, 357 So. 2d
711, 713 (Fla. 1978);
as applied challenge
not decided.
Georgia
No special provision for O. C. G. A. Privileged
police officers 51-5-7(9) provides communications
that "Comments upon enumerated in this
the acts of public men section are conditional
or public women in privileges. Lamb v.
their public capacity Fedderwitz, 68 Ga. App.
and with reference 233 (1942), aff'd, 195
thereto" are deemed Ga. 691 (1943); Atlanta
privileged. Journal Co. v. Doyal,
82 Ga. App 321, 60
S.E.2d 802 (Ga. Ct. App.
1950).
O. C. G. A. 51-5-5 Public official can
provides "In all recover only upon clear
actions for printed or and convincing proof
spoken defamation, that the defamatory
malice is inferred falsehood was made with
from the character of knowledge of its
the charge. However, falsity or in reckless
the existence of disregard for the
malice may be rebutted truth. Rogers v. Adams,
by proof. In all 98 Ga. App. 155,
cases, such proof (1958); Williams v.
shall be considered in Trust Co., 140 Ga. App.
mitigation of damages. 49 (1976).
In cases of privileged
communications, such
proof shall bar
recovery."
Hawaii
No special provision for H.R.S. 663-1 codifies New York Times v.
police officers the general right of Sullivan, actual malice
all persons to redress standard applies to
their grievances comments and complaints
through the courts about public officials.
Mehau v. Gannett Pac.
Corp., 658 P.2d 312,
66 Haw. 133
(Haw. 1983).
Qualified privilege.
Idaho
No special provision for No applicable No specific comment
police officers provision located found regarding
privileged status of
citizen complaints.
Illinois
No special provision for No applicable Citizen complaints
police officers provision located about police and public
officials are subject
to a qualified
privilege so long as
the "occasion" in
question creates some
recognized duty or
interest so as to make
the communication
privileged, i.e.
interest of the
communicator is
involved; interest of
the person to whom
communication was made
is involved; or,
public interest is
involved. Doe v.
Kutella, 1995 U.S.
Dist. LEXIS 18950
(N.D.Ill.). See also
Coursey v. Greater
Niles Township
Publishing Corp., 40
Ill. 257 (1968);
Flannery v. Allyn, 47
Ill. App. 2d 308
(1964).
Indiana
No special provision for No applicable New York Times v.
police officers provision located Sullivan actual malice
standard applies to
comments and complaints
about public officials.
WTHR-TV v. Cline, 693
N.E.2d 1 (Ind. 1998);
Conwell v. Beatty, 667
N.E.2d 768 (Ind. Ct.
App. 1996)
Qualified privilege.
Iowa
No special provisions for No applicable Comments and complaints
police officers provision located regarding public
officials or the
"common public
interest" are subject
to a qualified
privilege. Brown v.
First Nat'l. Bank of
Mason City, 193 N.W.2d
547 (Iowa 1972); Kelly
v. Iowa State Educ.
Assn., 372 N.W.2d 288
(Ia. App. 1988).
Kansas
No special provisions for No applicable New York Times v.
police officers provision located Sullivan actual malice
standard applies to
comments and complaints
about public officials.
Ruebke v. Globe
Communications Corp.,
738 P.2d 1246
(Kan. 1987).
Police officers are
public officials.
Rawlins v. Hutchinson
Publishing Co., 218
Kan. 295; Redmond v.
Sun Publishing Co., 716
P.2d 168 (Kan. jn
1986).
Qualified privilege.
Kentucky
No specific provision for No applicable Actual malice standard
police officers provision located of New York Times v.
Sullivan applies to
comments and complaints
directed towards public
officials. Bichler v.
Union Bank and Trust
Co. of Grand Rapids,
745 F.2d 1006 (6th Cir.
1984).
Qualified privilege.
Louisiana
No special provision for La.R.S. 14:49 provides New York Times rule
police officers that "A qualified applies to comment upon
privilege exists and the actions of public
actual malice must be officials and police
proved, regardless of officers are public
whether the officials. Landrum v.
publication is true or Board of Com'rs. of the
false, in the Orleans Levee Dist.,
following situations: 685 So. 2d 382 (La. Ct.
(2) Where the App. 1996); Thompson v.
publication or St. Amant, 250 La. 405,
expression is a 196 So. 2d 255 (1967).
comment made in the
reasonable belief of
its truth, upon, (a)
The conduct of a
person in respect to
public affairs; ...
(3) Where the
publication or
expression is made to
a person interested in
the communication, by
one who is also
interested or who
stands in such a
relation to the former
as to afford a
reasonable ground for
supporting that his
motive is innocent.
Maine
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times
and police officers are
public officials. Roche
v. Egan, 433 A.2d 757
(Me. 1981).
Maryland
No special provision for No applicable Absolute privilege
police officers provision located applies to citizen
complaints about police
brutality, where the
oath and initiates an
administrative
disciplinary
proceeding. Miner v.
Novotny, 304 Md. 164,
498 A.2d 269 (Md. 1985).
Massachusetts
No special provision for No applicable Conditional privilege
police officers provision located where the publisher and
recipient have a common
interest is the subject
matter of the
publication and the
publication is in
furtherance of that
interest. Foley v.
Polaroid, 400 Mass. 82,
508 N.E.2d 72 (1987).
Michigan
No special provision for No applicable Comments and compliants
police officers provision located about public officials
are subject to a
qualified privilege.
Lawrence v. Fox, 357
Mich. 134 (1959).
Police officers are
"public officials." Id.
at 143-144.
Minnesota
No special provision for No applicable No specific comment
police officers provision located found regarding
privileged status of
citizen compliants.
Mississippi
No special provision for No applicable Comments and compliants
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times
and police officers are
public officials.
Ethridge v. North Miss.
Comms., 460 F. Supp. 347
(N.D.Miss. 1978).
Missouri
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times
and police officers are
public officials.
Shafer v. Lamar Pub.
Co., 621 S.W.2d 709
(Mo. Ct. App. 1981);
Racciotti v. Zinn, 550
S.W.2d 217 (Mo. Ct.
App. 1977); Rowden v.
Amick, 446 S.W.2d 849
(Mo. Ct. App. 1969).
Montana
No special provision for M.C.A. 27-1-804 No case law located
police officers provides that a specifically addressing
privileged whether citizen
communication is one complaints would be
made: (3) in a covered by section
communication without
malice to a person
interested therein by
one who is also
interested or by one
who stands in such
relation to the person
interested to afford a
reasonable ground for
supposing the motive
for the communication
innocent or who is
requested by the
person interested to
give the information;
Nebraska
No special provision for No applicable No specific comment
police officers provision located found regarding
privileged status of
citizen complaints.
Nevada
No special provision for No applicable Complaints about police
police officers provision located officers made to
internal affairs, as
well as complaints
about public officials
generally when aired in
the proper forum, are
subject to absolute
privilege. Lewis v.
Benson, 101 Nev. 300,
701 P.2d 751 (1985).
New Hampshire
No special provision for No applicable New Hampshire rule is
police officers provision located that determination of
public official status
is a jury question to
be decided in light of
the circumstances of
each case, thus police
officers do not as a
matter of law qualify
as public official for
purposes of New York
Times rule. Nash v.
Keene Pub. Corp., 127
N.H. 214 (1985).
Qualified privilege
applies where jury
finds public official
status. Id. at 222.
New Jersey
No special provision for No applicable New York Times v.
police officers provision located Sullivan rule applies
to comment upon the
actions of public
officials and police
officers qualify as
public officials.
Costello v. Ocean
County Observer, 136
N.J. 594 (1994).
Qualified privilege.
New Mexico
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times v.
Sullivan and police
officers are public
officials. Ammerman v.
Hubbard Broadcasting,
91 N.M. 250 (1977).
New York
No specific provision for No applicable Citizen complaints
police officers provision located about public officials,
including police
officers, aired in the
propoer forum, are
protected by an
absolute privilege.
Campo v. Rega, 79
A.D.2d 626 (N.Y. App.
Divi. 1980).
North Carolina
No special provision for No applicable Comments and complaints
police officers provision located regarding public
officials are subject
to a qualified
privilege under New
York Times and law
enforcement personnel
are public officials
for purposes of the
privilege. Penland v.
Long, 922 F. Supp. 1085
(W.D.N.C. 1996).
North Dakota
No special provision for No applicable No specific comment
police officers provision located found regarding
privileged status of
citizen complaints.
Ohio
No special provision for No applicable Comments and complaints
police officers provision located directed toward public
officials are subject
to a qualified
privilege and law
enforcement personnel
qualify as public
officials. Waterson v.
Cleveland States
University, 93 Ohio
App. 3d 792 (1994).
Oklahoma
No specific provision for 12 O.S. 1981 s. 1443.1 Where the filing of a
police officers provides that complaint against a
police officer is a
A. A privileged "proceeding authorized
publication or by law," such a
communication is one complaint is subject to
made: First. In any an absolulte privilege.
legislative or White v. Basnett, 700
judicial proceeding or P.2d 666 (1985).
any other proceeding
authorized by law;...
B. No publication
which under this
section would be
privileged shall be
punishable as libel
Oregon
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times v.
Sullivan and police
officers are public
officials. McNabb v.
Oregonian Pub., 685
P.2d 485 (1984).
Pennsylvania
No special provision for No applicable Comments and complaints
police officers provision located about public officals
are subject to a
qualified privilege
under New York Times v.
Sullivan and police
officers are public
officials. Coughlin v.
Westinghouse
Broadcasting and Cable,
Inc., 780 F.2d 340 (3rd
Cir. 1985).
Rhode Island
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times v.
Sullivan and police
officers are public
officials. Hall v.
Rogers, 490 A.2d 502
(R.I. 1985).
South Carolina
No special provision for No applicable Comments and complaints
police officers provision located about police officials
are subject to a
qualified privilege
under New York Times v.
Sullivan and police
officers are public
officials. McClain v.
Arnold, 275 S.C. 282,
270 S.E.2d 124 (1980).
South Dakota
No special provision for No applicable No specific comment
police officers provision located found regarding
privileged status of
citizen complaints.
Tennessee
No special provision for No applicable New York Times v.
police officers provision located Sullivan rule applies
to complaints about
public officials and a
highway petrolman is a
public officials.
Roberts v. Dover, 525
F.Supp 987 (MD Tenn,
1981).
Qualified privilege
Texas
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times v.
Sullivan and police
officers are public
officials. Times Herald
Printing Co. v.
Bessent, 601 S.W.2d
487 (Tex. Civ. App.
1980).
Utah
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times v.
Sullivan and police
officers are public
officials. Madsen v.
United Television, 797
P.2d 1083 (Utah 1990).
Vermont
No special provision for No applicable Comments and complaints
police officers provision located about police officials
are subject to a
qualified privilege
under New York Times
and police officers are
public officials.
Columbo v. Times-Argus
Ass'n., 135 Vt. 454,
380 A.2d 80 (1977).
Virginia
No special provision for No applicable No specific comment
police officers provision located found regarding
privileged status of
citizen complaints.
Washington
No special provision for No applicable No specific comment
police officers provision located found regarding
privileged status of
citizen complaints.
West Virginia
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times
and police officers are
public officials.
Starr v. Beckley
Newspaper Corp., 157
W.Va. 447 (1974).
Wisconsin
No special provision for No applicable Comments and complaints
police officers provision located about public officials
are subject to a
qualified privilege
under New York Times
and police officers are
public officials.
Pronger v. ODell, 1127
Wis. 2d 292 (1985).
Wyoming
No special provision for No applicable Comments regarding
police officers provision located public officials are
subject to a qualified
privilege and street
level police officers
are public officials.
Gray v. Udevitz, 656
F.2d 588 (10th Cir.
1981).