...law) 3. Violation of the Fourteenth Amendment's Due Process Clause (42 U.S.C. § 1983) 4. Deliberate Indifference to Constitutional Rights (42 U.S.C. § 1983) 5. Deprivation of Liberty with.... § 1983) 18. Violation of the Bane Act (California law) 19. Intentional Infliction of Emotional Distress (California law) 20. Negligent Infli...). Plaintiff has not stated a claim under any of his federal or state law causes of action. As such, he cannot maintain a Bane Act claim as to those rights. See Wexler v. City of San...

.... C. The Court's Instruction on the Elements of the Bane Act Finally, the plaintiffs contend that the district court's instruction on the elements of their claim under the ...Act instruction. The language concerning “violent acts” and the plaintiffs' fear of violence closely tracks that of California's model....”). The plaintiffs cite two search-and-seizure cases in which, they argue, California courts held that a plaintiff can state a Bane Act claim without a showing of independent threats, coercion, or...

...section 820.6 bars liability for the Bane Act claim in this case. First, we reject plaintiffs' argument that section 820.6 is inapplicable to the Bane Act as a matter of law. Although...causes of action. In the first cause of action, plaintiffs alleged defendants' "enforcement of the prior notice restriction violated the California Bane Act," which provides that a person whose...Cal.Rptr. 196].) Thus, by saying the Bane Act applies to all persons whether or not acting under color of law, the Legislature intended to apply its provisions to private actors as well as public...

...violations of the Bane Act are based entirely on speech. See Hearns v. Gonzales, No. 1:14-cv-01177-DAD-MJS, 2016 WL 110437, at *1-2 (E.D. Cal. Jan. 11, 2016) ("[T]here is no requirement under ...threat of violence.") Otherwise, a plaintiff must allege only two things to state a cognizable Bane Act claim under California law: 1.... The magistrate judge concluded that plaintiff could not state a claim under the Bane Act, California Civil Code § 52.1, because none of plaintiff's...

...Complaint. Plaintiffs appear to move for reconsideration only with respect to two of their state-law claims: negligence and violation of the Bane Act..., California Civil Code § 52.1 (the “Bane Act”). The Court GRANTS Plaintiffs' motion for leave to file a motion for reconsideration of the Order granting the motion to dismiss ...' negligence and Bane Act claims. Plaintiffs shall file their motion for reconsideration by no later than December 27, 2027. Defendants shall file their opposition by no later than January 10, 2025...

...claims, including a First Amendment violation that was added to his third claim; a state law claim brought under the Thomas Bane Civil Rights Act, California Civil Code § .... In fact, California law and common sense indicate that all of the newly proposed claims are separate legal theories of liability because the elements of claims for violation of the Bane Act, violation..., 2018 WL 4057491, at *10 (E.D. Cal. Aug. 24, 2018) (“Under California law, false arrest and false imprisonment are not separate torts. Rather, ‘false arrest is but one way of...

...of the Bane Act (California state law action for intentional interference with civil rights by threats, intimidation, or coercion); (5) state law negligence, and (6) improper training in the use of...Nisenbaum (argued), Ayana Curry, and John L. Burris, Law Offices of John L. Burris, Oakland, California, for Plaintiff-Appellee...Attorney; Richard Doyle, City Attorney; Office of the City Attorney, San Jose, California; for Defendants-Appellants. Benjamin Nisenbaum (argued), Ayana Curry, and John L. Burris, Law Offices of John...

...his Fourth Amendment rights. See Cal. Civ. Code § 52.1(b). In that Shay's Fourth Amendment rights were not violated, he cannot maintain a Bane Act claim. ...the Defendants falsely imprisoned him and violated the Tom Bane Civil Rights Act, California Civil Code § 52.1. Shay further alleges that Derry violated..., and defamation-plus claim; (2) Shay's Bane Act claim; and (3) Shay's false imprisonment claim...

...district court entered judgment in favor of appellees Flores, Nunez, Sanchez and Trinidad under the Bane Act, California Civil Code § 52.1, on their cruel and unusual punishment claims...Shoyoye , reasoning that Cornell ’s interpretation of the Bane Act was consistent with the statutory language and the California Supreme Court’s decisions. Id. at 1042–43. We therefore...in the Eighth Amendment excessive force violation. In advancing this argument, appellants misread § 52.1 and California case law. The most recent California Supreme Court case...

... ORDER DENYING IN PART AND DEFERRING IN PART DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW RE BANE ACT Re: Dkt. No. 215 Defendants move pursuant t..., 34 Cal. 4th at 447. Such is not the case here. In sum, Plaintiff is not barred from asserting claims under the Bane Act for failure to comply with § 911.2. Plaintiff's motion for judgment as a matter of ...Government Claims Act, California Government Code §§ 900 et seq., and because Dep. Rodriguez is entitled to immunity under California Government Code § 821.6. Motion for Judgment as a Matter of Law...

...addition, various plaintiffs alleged violations of California statutory law, including California Civil Code §52 (the Bane Act); and California Civil Code §54 et ...Court, C.D. California. November 26, 2014           [PROPOSED] JUDGMENT...District Court for the Central District of California, alleging violations of their federal and state constitutional rights arising from the enforcement of Los Angeles Municipal Code ("LAMC") §85.02. In...

.... B. California Bane Act claims California's Bane Act requires proof of an underlying constitutio...judgment on Williamson's California's Tom Bane Civil Rights Act (the Bane Act) claim, under the doctrine of pendent appellate jurisdiction because the rulings related to that claim and Williamson's...concluded that defendants did not violate Williamson's Fourth Amendment rights, it reversed the district court's decision denying summary judgment on Williamson's Bane Act claims...

...false imprisonment under California law are 1) nonconsensual, intentional confinement, 2) without lawful privilege, and 3) for an appreciable period of time). The SAC therefore states a claim for false imprisonment. .... Reese v. Cnty. of Sacramento, 888 F.3d 1030, 1042 (9th Cir. 2018) (involving a Fourth Amendment violation as the basis for a Bane Act claim). Using the same logic i...). However, the Court's job is to apply the law as written, not to stretch it to fix harms it was not created to remedy. IV. Count 17: Bane Act...

...Negligent Medical Care to Prisoner brought under California law) in its entirety - and as to all parties.          8. The Court hereby dismisses with prejudice...Action ("Count Two": a claim for Negligence in reporting/supervision and hiring/retention by the City brought under California law) in its entirety - and as to all parties...Distress brought under California law): (a) plaintiff DEIBI ONTIVEROS; (b) plaintiff MARIA CARRILLO; and (c) defendant CITY OF FRESNO (erroneously named as two parties, the CITY OF FRESNO and FRESNO...

...rights. Plaintiff contends that the source of substantive liability pursuant to the Bane Act is California law. Plaintiff contends that California law provides that private...Defendants; (9) violation of the Bane Act (California Civil Code § 52.1) against all Defendants; and (10) violation of the FTCA for intentional infliction of...(California Civil Code § 52.1) Against All Defendants (claim 9) Defendant United States contends that the Court lacks subject matter jurisdiction over Plaintiff's ...

...violations of the Fourth and Fourteenth Amendments, violation of the Bane Act (California Civil Code § 52.1), and common law false imprisonment...fail....”). III Rivera has asserted claims under California law as well. First, he claims that the defendants committed the common law tort of false im...defender (and possibly the prosecutor) that he was not the subject of the warrant is irrelevant. Public defenders do not act under color of state law for the purpose of § 1983 “when performing a...

...Act. “And because California law permits respondeat superior liability for Bane Act violations, Gant v. Los Angeles Cnty., 772 F.3d 608, 623 (9th Cir. 2014...cause of action under the Bane Act. For the reasons set forth below, the Court DENIES Defendants' motion. I. BACKGROUND E.P. is a ten-year-old student....) In this action filed against TUSD and Grimes, Plaintiff alleges six causes of action, including a claim under California's Bane Act. (See generally Doc. 1...

...839)—is a violation of the Bane Act. To the extent any language in the federal cases suggests otherwise, that language does not reflect California law. 2. The Denial of...matter of law, the evidence at trial did not establish a violation of the Bane Act. They further contend a new trial should have been granted because (1) the trial court erred in admitting evidence of.... SUMMARY The Bane Act (Civ. Code, § 52.1) authorizes a civil action “aga...

...claim which arises under California Civil Code § 52.1, also known as the Tom Bane Civil Rights Act. Under that law, an individual can file suit if the...interfered with.” In his complaint, plaintiff alleges the violations of law which form the basis of his Bane Act claim include violations of his right to due process, equal protection and to be free of c...element of plaintiff's Bane Act claim could be satisfied by a showing of a violation of federal law, but it also could be satisfied by a violation of state law. This is not sufficient to establish...