The Bane Act is a California law specifically for your civil rights. It allows you to sue when someone has threatened, intimidated, or coerced you to infringe on your rights. It is applied when police or other authority personnel have acted unlawfully. This is common in cases of racism, religious prejudice, or when authority has been exercised inappropriately.

It can be challenging to sue under the Bane Act. However, it is a great way to hold people responsible for their misconduct. If your rights have been violated, seek the help of a proficient personal injury lawyer to help you file for compensation.

Defining The Bane Act

The Bane Act, per California Civil Code 52.1, protects you from violence, threats, intimidation, and coercion when exercising your constitutional and statutory rights. It enables you to bring a civil action against any person, company, or government entity that violates your rights intentionally.

It was initially enacted to address police misconduct and hate crimes. However, it now applies to a wide range of civil rights such as:

  • Police brutality
  • Torture or other cruel, inhumane, or degrading treatment or punishment
  • Interference with your rights to free speech or assembly
  • Discrimination based on your race, gender, or religion

The Bane Act permits you to sue only in the case of intentional interference with your rights by force or threats. This is in contrast to other civil rights acts. It also provides accountability to government entities. It is a vital tool to fight abuses of power.

The Bane Act has been used in civil rights cases. It enables victims whose rights have been violated to sue the perpetrators and recover damages and attorney’s fees.

Civil Rights Protected by The Bane Act

The Bane Act covers any right guaranteed under the United States Constitution, California Constitution, or laws of the State of California. Some of the rights protected under the act include:

  • Freedom from Excessive Force: The Bane Act protects citizens from being exposed to excessive force from police officers
  • Protection Against Unlawful Search and Seizure: The Bane Act protects your Fourth Amendment right to ban unlawful searches, arrests, and detention.
  • Freedom of Speech and Assembly: The act preserves your freedom of expression and association without threats or hindrance from anyone.
  • Freedom from Discrimination: The act also protects people from discrimination based on race, color, or disability.
  • Right to Equal Protection and Due Process: It protects you against actions that deprive you of equal societal protection or justice.
  • Freedom From Hate Crime: The Bane Act is used when you are threatened with violence or abuse due to who you are or your beliefs.

However, for the Bane Act to be successful, the violation must be accompanied by threats, coercion, or intimidation. It also must have interfered with your rights.

How to File The Bane Act Lawsuit

To successfully commence and sustain your Bane Act lawsuit, consult a personal injury attorney. Your lawyer will help you observe the legal formalities required while filing a Bact Act lawsuit. The step-by-step guide to filing a Bane Act in California involves:

  1. Identify the Violation

The first step in filing a Bane Act lawsuit is identifying which civil right was infringed. This means deciding how your constitutional or statutory rights were infringed on. For example:

  • The right to be free from excessive force
  • Discrimination based on race, religion, or any other form of discrimination
  • Unlawful arrest
  • Unlawful searches or seizures

For you to sustain a Bane Act claim, the violation must have been accomplished using threats, intimidation, or coercion. Without this, the claim cannot proceed.

  1. Gather Evidence

How your Bane Act lawsuit will turn out is determined by the evidence available in your case. You want to compile all relevant evidence to support your case. These include:

  • Physical Evidence: Present any photo, video, or text message that could have been taken during the incident to the judge.
  • Documentation: Your attorney will help you present your medical record or a police report that can serve as evidence for your lawsuit claim.
  • Witness Statements: Witnesses play a critical role in lawsuits. Therefore, they can give accounts in your favor, especially if they witnessed your rights being violated or the consequences suffered.

You should organize such evidence early enough. At times, lawsuits may take time, and you may forget the details of the incident if you do not file the evidence immediately. Organizing your evidence early will also create a good foundation for a strong case.

  1. Seek Legal Advice

Bane Act lawsuits can be complicated, and you may be unable to deal with them alone. You must prove intention to interfere with your rights, which may not be easy without legal counsel.

Therefore, you will need to hire an experienced personal injury lawyer. Hiring an efficient lawyer is beneficial as the probability of succeeding in your lawsuit is higher. An experienced attorney can:

  • Assess your situation and decide if your case is strong
  • Assist in obtaining other forms of evidence, such as an expert witness or a subpoenaed document
  • Ensure compliance with legal requirements, such as filing deadlines

  1. File the Claim with the Right Authority

In a Bane Act lawsuit, if the defendant is a government entity or its employee, such as a police officer, you must bring an administrative claim under the California Government Act.

Administrative Claim Process

The claim must be filed within six months from the day your rights were violated. This strict deadline applies to cases where government defendants are involved. File your complaint with the particular government body that violated your rights. For example, if you want to make a complaint about the city police department, you should go to the city claims department or risk management section.

Your complaint should have details of the incident, including the description of the incident, the rights infringed, and the date, time, and place the act was committed. You should include photos or police reports that can support your statement.

You should also describe the type of loss you suffered in terms of finances and emotional or physical losses. You should also indicate the amount of money you want to recover.

After filing your claim, the agency has 45 days to respond. They may accept your claim, reject it, or do nothing. If the agency denies your claim or does not respond, you should proceed to court and sue the government entity involved.

If you do not file an administrative claim or miss the six months, your lawsuit may be dismissed. Speaking to your attorney at this stage also helps you meet all procedural legalities.

  1. File the Lawsuit

If the responsible party does not settle your claim out of court, you should draft a formal complaint and file it in court. The complaint should elaborate on what occurred, including the civil rights infringement and the defendants involved.

You should describe the damages you seek, including physical, emotional, and financial damages you incur. Your lawyer will also help you prove elements of the Bane Act claim beyond a reasonable doubt.

Elements that You Must Prove in a Bane Act Lawsuit

To succeed in a Bane Act lawsuit, you must prove particular legal elements beyond a reasonable doubt. The Bane Act differs from all other general civil rights claims because you must prove that the perpetrator's threats, intimidation, or coercion intentionally interfered with your rights. Some of the elements that a plaintiff must prove include the following:

Infringement Of A Right That Has Been Accorded Protection

You must prove that the defendant acted in a manner that infringed on a right guaranteed in the U.S. Constitution, the California Constitution, or any law of California. For example:

  • Freedom from excessive force, for example, police brutality
  • Equal protection under the law, for example, discrimination
  • Protection from unlawful searches and seizures

Threats, Coercion, or Intimidation

The violation must involve one or more of the following:

  • Threats: Any threat using words or physical force to discourage you from exercising your rights.
  • Intimidation: Any actions meant to cause you to fear or avoid exercising your rights.
  • Coercion: Coercive behavior that makes you do things you did not want to do.

Intentional Act

The Bane Act Claim can only be awarded if you can prove that the defendant’s action intentionally denied you your rights. However, your claim could be dismissed if their actions were negligent or accidental.

Causation

To be successful in your lawsuit claim, you must prove that the defendant’s actions were the cause of the injury or loss you incurred. This means that their threats, intimidation, or coercion led to the violation of your rights.

Damages

You must show that you suffered harm, which may include physical injuries, emotional distress, or economic consequences.

With these elements, you can seek justice for your claims against those who have violated your rights. To be successful in your claim, you should file the lawsuit in the correct court. Bane Act claims in California are litigated in the California state courts. Your attorney may file your lawsuit in a federal court in cases violating a federal right, such as unlawful search.

Bane Act claims are usually filed within two years of the incident. However, if the defendants are government officials, the timeline starts after completing the administrative claim process.

Court filing fees differ from jurisdiction to jurisdiction, ranging from $200 to $450. You may request fee waivers if you cannot afford these charges. After filing the complaint, the defendant will be served the complaint. They will be given time to answer the complaint (usually one month). Once the defendant files their response, the case goes to the next step.

  1. Discovery Stage

The discovery stage enables you and the defendant to gather evidence and evaluate the strengths and weaknesses of each other’s case. You also present the evidence you gather before each other.

Witnesses and other parties answer questions under oath. These interviews are recorded and used later in court to support or challenge a testimony. This stage ensures no surprises are experienced during the trial and all facts are brought into the open.

Requesting documents is another crucial part of the discovery stage. In police misconduct cases, this may include bodycam videos, police reports, and records of the officer involved. These documents can be the primary source of threats, intimidation, or coercion in a Bane Act claim.

Interrogations may be administered through written questions that require elaborative answers. This will help the court understand the defendant's conduct and purpose. Other interrogations include one party submitting a question the other must answer.

Your lawyer will do elaborate work during the discovery phase to obtain a positive outcome. For example, obtaining a witness statement in the form of a letter from a doctor or video recording if a police officer illegally dealt with you could help your case.

  1. Settlement or Trial

Bane Act lawsuits often end at the settlement stage. It is easier to settle out of court because it is much cheaper. Going through a trial can be challenging, especially with the fee required for the process. Also, the court may sentence the defendant to pay more compensation than expected.

In a settlement, the defendant accepts to pay you for your damages. Your lawyer will use mediation to come to an agreement, especially if the evidence available is in your favor.

When the efforts to settle outside court fail, the case goes to trial. At trial, your lawyer will present the evidence you have gathered. They will try to convince the court that the defendant threatened, intimidated, and prevented you from exercising your rights.

The aim is to obtain an order to award actual and possibly punitive damages. Trials are much more costly and come with risks. However, if you win, the compensation can be advantageous.

Filing a Lawsuit for a Hate Crime Under the Bane Act

The Bane Act allows anyone who has been threatened, intimidated, or coerced based on their protected characteristics because of a hate crime to sue the perpetrators. The categories of discrimination are based on:

  • Race
  • Religion
  • Sexual orientation
  • Gender Identity
  • Disability

You must prove that the defendant’s actions negatively impacted your legal and constitutional rights because of prejudice. Psychological injury arising from an experience of a hate crime may also attract a claim.

The Bane Act Lawsuit Damages in California

You could recover several damages if your civil rights are violated under the Bane Act. These damages aim to compensate for harm suffered and prevent any future violations. They include the following:

  • Compensatory Damages: These are measurable losses and could include medical costs, lost wages, and loss of earning capacity because of the injury caused. You could also claim damages if you suffered emotional or psychological distress or humiliation due to the defendant’s actions.
  • Punitive Damages: The court can award punitive damages based on the defendant's heinous or malicious actions. These are meant to penalize the offender and prevent them from repeating the same act in the future.
  • Attorney’s Fees and Costs: If you are successful in your claim, you could recover a reasonable amount of your attorney’s fees and litigation expenses. This provision under the Bane Act means you can seek justice without incurring legal fees.
  • Statutory Damages: You can recover a minimum statutory amount of $4000 for each violation. You can also recover triple the amount, which is $12000 if you suffered undue physical or mental harm.

Statute of Limitation for a Bane Act Lawsuit

The time limit for filing a Bane Act lawsuit is two years from when your civil rights were violated. This timeline is for cases involving private persons or entities violating your rights.

However, you must meet some requirements if the claim involves a government entity. You have to file a formal complaint with the appropriate administrative center. The claim has to be filed within six months of the occurrence of the incident.

The two-year period for filing the lawsuit starts after the government agency replies or denies the claim. If you do not act within the timeframe of the case, the court may dismiss your case. Therefore, you must seek the services of an attorney early enough to follow these deadlines to protect your rights.

Is the Bane Act Only Applied in California?

The Bane Act only applies to California per California Civil Code 52.1. Other states have civil rights laws, but none have a statute identical to the Bane Act. People in different parts of the country may have to rely on federal laws such as 42 U.S.C. 1983 or other state civil rights laws.

Find a Personal Injury Attorney Near Me

If your civil rights have been violated, then you require the services of a personal injury lawyer. A competent personal injury lawyer can help you file the Bane Act lawsuit.

The LA Personal Injury Law Firm specializes in Bane Act cases and related personal injury lawsuits across the Los Angeles area. Call us today at 310-935-0089 to discuss your case. Let us help you secure the justice you deserve.