Is there a cause of action under the New York State's Civil Rights Act against Evans?

California, United States of America


The following excerpt is from Evans v. Merced County Sheriff's Department, F049621 (Cal. App. 12/12/2006), F049621 (Cal. App. 2006):

Evans cannot state a cause of action under this statute because (1) the statute does not permit a private cause of action (John's Insulation v. Siska Const. Co. (S.D.N.Y. 1991) 774 F.Supp. 156); (2) he did not allege he was participating in any of the listed activities; and (3) he did not allege that anyone used force or the threat of force to injure, intimidate, or interfere with his actions. Any of these reasons, standing alone, provide sufficient grounds for rejection of this claim.

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