Nevada law punishing false complaints against cops voided

By The Associated Press

06.29.02

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RENO, Nev. — A Nevada law that makes it a misdemeanor to knowingly file false allegations of misconduct against a peace officer has been ruled unconstitutional by a federal judge.

In a ruling last week, U.S. District Judge David Hagen said the statute violates First Amendment rights to free speech.

Hagen also said the law unconstitutionally criminalizes criticism of police officers but not other public officials.

The case involved Robert Eakins, who felt officers responding to his call were unprofessional and rude.

Eakins' lawyers, Terri Keyser-Cooper and Diane Vaillancourt, said Eakins wrote a letter to Reno Mayor Jeff Griffin, complaining of the officers' behavior.

Griffin forwarded the letter to the Reno Police Department for an investigation that concluded Eakins' allegations were unfounded, the attorneys said.

Eakins was then charged with filing a false allegation against a police officer.

The American Civil Liberties Union joined in the lawsuit against the state.

The Las Vegas Review-Journal reported yesterday that a Nevada Highway Patrol Association lobbyist said he would try to devise a new law next year, with help from legislators, to protect police from false complaints. But an ACLU attorney told the newspaper that there would be no way to craft such a law without violating the First Amendment.

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ACLU to challenge Nevada law barring false complaints against cops
Legislature adopted measure in 1999 despite testimony from civil libertarians that it would violate free-speech rights.  09.04.01

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California high court weighs law barring false complaints against cops
During oral arguments, some justices suggest they may uphold state law that lower court found limits free expression.  10.09.02