Wrongful Conduct - Bane Act

The Bane Act makes a person liable for conduct that deprives an individual of his or her rights "secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of" California through "threat, intimidation, or coercion." Cal. Civ. Code § 52.1(a).

A Bane Act claim "require[s] an attempted or completed act of interference with a legal right, accompanied by a form of coercion." Leos v. City of El Monte, No. CV 23-2427-KK-JPRx, 2023 WL 8872090, at *22 (C.D. Cal. Oct. 28, 2024).

The egregiousness required by Cal. Civ. Code § 52.1 is tested by whether the circumstances indicate the arresting officer had a specific intent to violate the arrestee's right to freedom from unreasonable seizure. Reese v. Cty. of Sacramento, 888 F.3d 1030, 1035 (9th Cir. 2018)

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