Brown v. Department of Corrections, 132 Cal. App. 4th 520 (2005)

Kevin Brown, a correctional officer at the High Desert Prison, alleged a violation of Labor Code § 1102.5 (the whistleblower statute) and of Government Code § 8547.8 (a similar whistleblower statute applicable to state employees), arising from statements made by the Department’s inspector general to law enforcement officials requesting official action in response to suspected threats of violence that Brown had made to the inspector general. The trial court sustained defendants’ demurrer to the complaint on the ground that defendants had an absolute privilege to report Brown’s apparent criminal threats of violence to law enforcement officials. The Court of Appeal affirmed the judgment in defendants’ favor.