What are the elements of a section 52.1 cause of action?

California, United States of America


The following excerpt is from Sherman v. Bryant, E072201 (Cal. App. 2020):

Accordingly, "[t]here are two distinct elements for a section 52.1 cause of action. A plaintiff must show (1) intentional interference or attempted interference with a state or federal constitutional or legal right, and (2) the interference or attempted interference was by threats, intimidation or coercion. [Citations.]" (Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 67.)

Under the Bane Act unlike under section 1983 an officer cannot claim qualified immunity. (Venegas v. County of Los Angeles (2007) 153 Cal.App.4th 1230, 1240-1247.) Also unlike under section 1983, a municipality can be liable under the Bane

Page 18

Act on a respondeat superior theory. (M.H. v. County of Alameda (N.D. Cal. 2013) 90 F.Supp.3d 889, 897.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
In a personal injury action, can plaintiffs amend or amend the elements of their cause of action? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What is the effect of a second cause of action to set aside a trustee's sale for violation of section 2923.5 and section 2924(a)(5) of the California Real Estate Code? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What are the elements of a privacy cause of action? (California, United States of America)
What are the elements of a conversion cause of action? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What are the elements of a cause of action for privacy violation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.