No Anti-SLAPP Protection For Wrongful Execution Of Warrant.
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Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors. She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16], and the trial court denied the motion. The appellate court noted no previous published California case has addressed whether a peace officer’s execution of a warrant is protected activity under the anti-SLAPP statute. The appellate court stated the anti-SLAPP statute is designed to protect the “valid exercise” of a person’s rights, and concluded it was not persuaded that execution of an arrest warrant qualifies for that protection. Nor was the appellate court persuaded protection is due for one of the deputies’ alleged defamatory remarks made during the course of execution of the warrant. The trial court’s order denying the motion to strike was affirmed. (Anderson v. Geist (Cal. App. Fourth Dist., Div. 2; April 22, 2015) 236 Cal.App.4th 79 [186 Cal.Rptr.3d 286].)
