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.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.