Legal Opinion

Bender v. County of Los Angeles

California Court of Appeal

Decided July 9, 2013No. B236294PublishedCited by 45 opinions

1Opinion of the Court

Opinion

GRIMES, J.

SUMMARY

The Bane Act (Civ. Code, § 52.1) authorizes a civil action “against anyone who interferes, or tries to do so, by threats, intimidation, or coercion, with an individual’s exercise or enjoyment of rights secured by federal or state law.” (Jones v. Kmart Corp. (1998) 17 Cal.4th 329, 331 [70 Cal.Rptr.2d 844, 949 P.2d 941] (Jones).) Plaintiff Noel Bender brought such a lawsuit based on his unlawful arrest and the beating administered by sheriff’s deputies during that arrest, while he was in handcuffs and not resisting arrest. The jury found a Bane Act violation.

Defendants,…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Ketchum v. MosesCalifornia Supreme Court · 2001
  3. Serrano v. PriestCalifornia Supreme Court · 1977
  4. PLCM Group, Inc. v. DrexlerCalifornia Supreme Court · 2000
  5. Bertero v. National General Corp.California Supreme Court · 1974

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3Cited by45 opinions

  1. Heriberto Rodriguez v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2018
  2. Cornell v. City & Cnty. of S.F., California Court of Appeal, 5th District2017
  3. Rukhsana Chaudhry v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2014
  4. James Lyall v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2015
  5. Scalia v. Cnty. of KernDistrict Court, E.D. California · 2018

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