Cal. Civ. Code § 52.1, also known as the Bane Act, is a California state law that provides a civil cause of action for victims of hate crimes, threats, intimidation, or coercion. The law is often used in cases of police brutality or excessive force, as these actions can be seen as a form of coercion or intimidation by law enforcement officers. The Bane Act allows individuals to file a civil lawsuit against the perpetrator of the hate crime or misconduct, as well as any public entity or law enforcement agency that allowed or condoned the behavior. The law provides for damages, including compensatory and punitive damages, as well as attorney fees and costs.
In the context of police brutality and excessive force, the Bane Act can be used by victims to seek compensation for injuries, emotional distress, and other damages resulting from the misconduct. It can also be used to hold law enforcement officers and agencies accountable for their actions and to encourage them to adopt policies and procedures to prevent future incidents of misconduct.
One example of a case where the Bane Act was used to seek justice for victims of police brutality is the case of Kelly v. the City of San Jose. In this case, several protestors alleged that they were subjected to excessive force and physical abuse by San Jose police officers during a protest in 2016. The protestors filed a lawsuit under the Bane Act, seeking damages and injunctive relief.
The court in the Kelly case found that the protestors had presented sufficient evidence to support their claims of excessive force and police brutality and that the officers’ actions constituted a violation of their civil rights under the Bane Act. The court awarded damages to the plaintiffs and ordered injunctive relief to prevent future incidents of police misconduct.
Overall, Cal. Civ. Code § 52.1 is an important tool for victims of police brutality and excessive force in California to seek justice and hold law enforcement officers and agencies accountable for their actions.
READ THE FULL CIVIL CODE HERE:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=52.1.&lawCode=CIV
