Legal Opinion

Bay Area Rapid Transit District v. Superior Court

California Court of Appeal

Decided September 11, 1995No. A069328PublishedCited by 29 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

KING, J.

In November 1992, 19-year-old Jerrold Hall, who was Black, was shot and killed by a White police officer employed by the Bay Area Rapid Transit District (BART). The underlying litigation was commenced against BART by Mr. Hall’s parents, Cornelius and Rose Mary Hall (the Halls), who seek damages for wrongful death and for civil rights violations made actionable by the Bane Act (Civ. Code, § 52.1), an anti-hate-crime statute. In the unpublished portion of this opinion we hold that two of the three Bane Act causes of action were not fairly reflected in the Halls’ government tort…

2Cases cited4 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Thing v. La ChusaCalifornia Supreme Court · 1989
  3. Boccato v. City of Hermosa BeachCalifornia Court of Appeal · 1994
  4. People v. Joshua H.California Court of Appeal · 1993

3Cited by29 opinions

  1. Cabesuela v. Browning-Ferris Industries of California, Inc.California Court of Appeal · 1998
  2. Estate of Mendez v. City of CeresDistrict Court, E.D. California · 2019
  3. Stamps v. Superior CourtCalifornia Court of Appeal · 2006
  4. Bresaz v. County of Santa ClaraDistrict Court, N.D. California · 2015
  5. Herd v. Cnty. of San BernardinoDistrict Court, C.D. California · 2018

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