Legal Opinion

Darren David Chaker v. Alan Crogan San Diego Probation Department People of the State of California

Court of Appeals for the Ninth Circuit

Decided November 3, 2005No. 03-56885PublishedCited by 120 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Darren David Chaker appeals the district court’s denial of his habeas corpus petition brought under 28 U.S.C. § 2254. Chaker was convicted by a jury for filing a knowingly false complaint of peace officer misconduct in violation of California Penal Code section 148.6(a)(1). In his habeas corpus petition, Chaker alleges that California Penal Code section 148.6 violates the First Amendment. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253.

As discussed below, a formal complaint of peace officer misconduct triggers a mandatory investigation conducted by the…

2Cases cited43 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Lockyer v. AndradeSupreme Court of the United States · 2003
  3. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  4. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  5. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984

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3Cited by120 opinions

  1. Simmons v. Navajo County, Ariz.Court of Appeals for the Ninth Circuit · 2010
  2. Association Des Eleveurs De Canards Et D'Oies Du Quebec v. HarrisCourt of Appeals for the Ninth Circuit · 2013
  3. Anderson v. HolderCourt of Appeals for the Ninth Circuit · 2012
  4. Engine Manufacturers Ass'n v. South Coast Air Quality Management District, (SCAQMD)Court of Appeals for the Ninth Circuit · 2007
  5. Nowakowski v. New YorkCourt of Appeals for the Second Circuit · 2016

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