Navarette v. Holland

In Navarette v. Holland, 109 Cal. App. 4th 13, 134 Cal.Rptr.2d 403 (2003), the California Court of Appeals dealt with the issue of whether or not the statements contained in a police report should be afforded absolute immunity. The plaintiff in Navarette was a former criminal defendant who had been acquitted of spousal abuse charges and sued the complainant from the criminal case, alleging, inter alia, defamation and intentional infliction of emotional distress. The court found that the fact that the "police report is not itself a judicial or quasi-judicial proceeding does not preclude the application of an absolute privilege." Id. at 20, 134 Cal.Rptr.2d at 409. "Once a court concludes that a communication is made for the purpose of instituting a judicial proceeding, the communication is necessarily privileged." Id. The Navarette court found that the statements the complainant made to the police were privileged and could not be the basis for a defamation or intentional infliction of emotional distress lawsuit.