Lawyer Can Sue Over Criticism of His Probe of City Attorney's Rumored Affair
A California lawyer was within his rights as a citizen when he hired a private investigator to look into rumors of a possible affair between Morgan Hill’s then-city attorney and the municipality’s city manager, a state appeals court held yesterday.
The decision by the California Court of Appeal’s Sixth District clears the way for attorney Bruce Tichinin to renew his civil rights lawsuit against Morgan Hill over city council criticism of his actions, according to the San Francisco Chronicle. Tichinin says the criticism damaged his reputation and his law practice.
His civil rights lawsuit had been dismissed after a Santa Clara County judge agreed with the city that it violated the state’s SLAPP law and Morgan Park was awarded attorney fees, according to the appellate court’s opinion (PDF).
Tichinin hired a private investigator in 2004 to find out whether a possible personal relationship between the two city officials was affecting decision-making concerning a housing project that a client real estate developer wanted to pursue. The rumored affair was never confirmed,
When they found out about the PI, the city council denounced Tichinin. But the attorney had a right to engage in “lawful efforts to gather evidence and information about public officials concerning allegedly improper or unlawful conduct,” the San Jose appellate panel ruled.
The city hasn’t yet decided whether to appeal to the state supreme court.
