Bane Act - How to Bring a Civil Rights Lawsuit for Compensation

Updated May 27, 2020

Victim of police violence? Sue the police under California's "Bane Act"

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Lawsuits under the Bane Act are monetary claims against someone who interfered or tried to interfere with your civil rights. These constitutional rights are those guaranteed by state law and United States federal law. They include your right to:

Vote,
Bear arms,
Speak, or
Associate with certain people.

A Bane Act lawsuit can be filed against anyone who interfered with your right through the use of:

Violence,
Threats of violence,
Intimidation, or
Coercion.

A Bane civil action typically demand that the defendant pay:

Compensation for the interference,
Punitive damages,
Attorneys’ fees, and
A civil penalty of $25,000.

In this article, our California personal injury lawyers explain:

People can bring Bane Act claims against someone who interfered with their civil rights.

1. What are lawsuits under the Bane Act in California?

Bane Act lawsuits are civil claims filed under the Tom Bane Civil Rights Act.¹ You can file a Bane Act lawsuit against someone who interfered with your civil rights. That interference can take the form of such constitutional violations as:

Threats of violence,
Actual violence,
Intimidation, or
Coercion.

Anyone can file a Bane claim, even if they are not part of a protected class. Common plaintiffs in Bane cases are hate crime victims harmed due to their sexual orientation, national origin, or race. It does not matter whether the perpetrators were private citizens or law enforcement using excessive force. And it does not matter whether the plaintiff was the sole victim or part of a group of persons who were harmed.

Because a Bane lawsuit is a civil cause of action, rather than criminal one, victims can recover monetary damages in the form of compensation.

Bane Act lawsuits can be filed against anyone, including individual people, corporations,² and even the government.³

2. What are considered civil rights?

Under the Bane Act in the state of California, your civil rights are any legal right you have under the:

U.S. Constitution,
California state constitution,
Laws of the United States (federal law), or
State law.⁴

These rights include, for example:

Your right to be free from police searches or seizures that are unreasonable under the Fourth Amendment to the U.S. Constitution,⁵
Your right to vote under the California Voting Rights Act, and
Your right to file a civil rights complaint in federal court under 42 U.S.C. § 1983.

Trial court judges rule on Bane Act motions. But most trials are before a jury.

3. What do I have to prove in a Bane Act lawsuit?

To succeed in a Bane lawsuit under California law, you have to prove either that:

The defendant made threats of violence against you or your property that made you reasonably believe that they would be carried out if you exercised your civil right, or
The defendant acted violently against you or your property to prevent you from exercising your rights or to retaliate against you for doing so.

In addition to one of these options, you also have to show that:

You were harmed, and
The defendant’s conduct was a substantial factor in causing your harm.⁶

3.1. Attempted violations are sufficient

It is not necessary to show that the defendant actually kept you from exercising your rights. An attempt to keep you from exercising your rights can lead to liability under the Bane Act.⁷

3.2. No discriminatory intent necessary

You also do not need to show that the defendant acted with discriminatory intent.⁸ It is enough for the defendant to try to keep you from exercising your rights. This makes Bane lawsuits different from Ralph Act lawsuits.

3.3. Mere speech cannot lead to liability

However, without more, speech alone cannot lead to liability under the Bane laws.⁹ The speech has to be a threat of violence that creates a reasonable fear of imminent harm.

4. What damages are available in a Bane Act lawsuit in California?

Bane Act lawsuits can recover monetary damages that compensate you for your actual damages, including:

Medical bills from any violence or other medical conditions,
Mental anguish and emotional distress,
Lost wages during your recovery,
Lost earning capacity,
Pain and suffering, and
Loss of consortium for your family during the ordeal.

The Bane Act requires this compensation to be at least $4,000. It also allows the jury to triple this amount of compensation.¹⁰

Successful Bane claims can also recover:

Attorney’s fees,
Punitive damages (a.k.a. exemplary damages),
A civil penalty of $25,000, and
Injunctive relief,
Restraining orders against the defendant.

For additional assistance…

If police officers, employers, or someone else tried keeping you from exercising your civil rights, you can file a Bane lawsuit against them. A successful claim can hold them accountable for their actions and compensate you for the experience.

Legal References:

California Civil Code Section 52.1. Also see the Ralph Act (a.k.a Ralph Civil Rights Act) and Unruh Civil Rights Act. And plaintiffs can also file criminal complaints implicating the defendants for violating the penal code; then the defendants may face criminal charges as well.
See Jones v. Kmart Corp., 17 Cal.4th 329 (California Supreme Court 1998).
See Gatto v. County of Sonoma, 98 Cal.4th 744 (Cal. 2002).
California Civil Code § 52.1(c). There is uncertainty if this only includes rights under state statutes or if rights guaranteed by court cases is also included. Venegas v. City of Los Angeles, 32 Cal.4th 820 (Cal. 2004) applied the Bane laws and said that it was only rights under state statutes. But Rojo v. Kliger, 52 Cal.3d 65 (Cal. 1990) applied an identical phrase in the Fair Employment and Housing Act and said that it also included common law.
Venegas v. City of Los Angeles, Supra.
California Civil Jury Instructions (“CACI”) 3066; see Shoyoye v. County of Los Angeles, 203 Cal.App.4th 947 (Cal. App. 4th 2012); see Zamora v. Sacramento Rendering Co. (E.D. Cal. 2007) No. Civ. S-05-00789 DFL KJM, 2007 WL 137239; see O’Toole v. Superior Court, 140 Cal.App.4th 488, 502 (Cal. App. 4th 2006); see Winarto v. Toshiba America Electronics Components, Inc., 274 F.3d 1276 (9th Cir. 2001).
See Austin B. v. Escondido Union School District, 149 Cal.App.4th 860 (California Court of Appeal 2007).
Venegas v. City of Los Angeles, Supra.
California Civil Code § 52.1(k).
California Civil Code § 52.1(c).