What is the Bane Act?

What are Bane Act lawsuits?

The Bane Act enables individuals to bring suit against a person or persons who interfered with or obstructed their civil rights.

What Does Interference with a Person’s Civil Rights Include?

Interference with civil rights can include constitutional violations such as:

• Coercion
• Threats of physical violence
• Violence
• Intimidation

Who can file a claim under the Bane Act?

Individuals can file a lawsuit under the Bane Act, regardless of whether they are part of a protected class.

Many plaintiffs involved in Bane Act cases are victims of hate crimes. These people were harmed due to their inclusion in a protected class. Protected classes in California include, but are not limited to:

• Race
• Sexual orientation
• Color
• Religion
• Origin
• Sex/gender
• Gender identity and gender expression
• Marital status
• Medical Condition (for example, genetic characteristics, cancer, or a record or history of cancer)
• Military or veteran status
• Ancestry
• Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics)
• Genetic information
• Age (over 40)

However, individuals not part of a protected class in California can also file a lawsuit under the Bane Act. Under the Bane Act, it does not matter whether the offender was in law enforcement or a private citizen. The plaintiff could be a sole victim or part of a larger group that suffered violence, coercion, threats, or other forbidden actions.

What types of damages can individuals recover? 

Under the Bane Act, people can collect damages in the form of monetary compensation because a lawsuit under the Bane Act is a civil action as opposed to a criminal action. Additionally, these lawsuits are not relegated only to individuals. Rather, parties can file Bane Act suits against:

• Individuals
• Government entities
• Corporations

What are civil rights under the Bane Act?

In California, the Bane Act establishes victims’ rights in accordance with multiple sources, including:

• The United States Constitution
• California state law
• California’s state constitution
• United States Federal Law

These rights include:

• The individual’s right to file a civil rights complaint
• The person’s right to vote under California’s Voting Rights Act
• The individual’s right to remain free from police seizures or searches is considered unreasonable under the United States Constitution’s 4th Amendment.

What must plaintiffs prove in a Bane Act lawsuit?

For plaintiffs to succeed in a Bane lawsuit, they must prove that either:

• The offending party threatened the plaintiff with violence, either against the person’s property or against the person. The plaintiff must also establish that it was reasonable to believe that the defendant would commit violent acts if the plaintiff exercised their civil rights.

• The defendant acted violently against the plaintiff or their property and, in doing so, prevented the victim from using their civil rights.

• The defendant retaliated against the plaintiff because they exercised their civil rights.

Additionally, plaintiffs who wish to pursue a lawsuit under the Bane act must establish that:

• The actions or words of the defendant harmed them
• The defendant’s actions were a significant factor in causing the harm they suffered

Are attempted violations sufficient for plaintiffs to prove Bane Act violations?

Victims do not need to illustrate that the defendant kept them from exercising their civil rights since even an attempt by the plaintiff to prevent the victim from exercising their rights can lead to a liability claim under the Ban Act.

Is it necessary for plaintiffs to show discriminatory intent?

Plaintiffs do not need to show that the defendant had discriminatory intent for a Bane Lawsuit, making them different from Ralph Act Lawsuits, a claim for damages under the Ralph Civil Rights Act, 1976, in California’s Civil Code Section 51.7.

The Ralph Civil Rights Act is intended to help prevent hate crimes. The act bans acts of violence based on a person’s age, disability, political party, race, origin, sexual orientation, role in a labor party dispute, and more.

As compared to Ralph Act Lawsuits, in a Bane Lawsuit, it is sufficient to show the court that the defendant kept the plaintiff from exercising their rights.

Can a defendant’s liability be established through speech alone?

By itself, speech cannot create liability under the laws of the Bane Act. However, the specific words must include a threat of violence that establishes a realistic fear of forthcoming harm.

What damages are available to individuals under a Bane Act lawsuit?

Monetary damages under the Bane Act help individuals deal with the damages they suffer due to emotional and physical harm. Bane Act lawsuits can help individuals attain damages that include:

• Pain and suffering
• Hospital or other medical bills from physical violence victims suffered
• Mental torment and emotional harm
• Lost earnings during the recovery period
• Lost earnings due to an inability to work
• Losses the victim’s family suffered due to the problem

The Bane Act necessitates a minimum payment for the victims is $4,000. However, under the act, the jury may also triple this payment amount to $12,000 for the victim of undue harm, both mental and physical.

What Else Can Successful Bane Act Lawsuits Recover?

• Legal fees
• Exemplary or punitive damages
• Civil penalties of $25,000
• Injunctive or equitable relief
• Restraining orders to prevent the defendant from continuing to commit crimes against the victim

What States have the Bane Act?

The Bane Act is a state law of California; however, the act protects people whose state and federal rights are violated by coercion, threats of violence, and intimidation. Therefore, it is not unusual for victims of intimidation, for example, to sue for breaches of the Bane Act in federal court. The Bane Act extends beyond California to all US states by this measure.

Can law enforcement officers use a qualified immunity defense in a Bane Act lawsuit?

Recent California laws state that law enforcement officers cannot raise a qualified immunity defense in cases under the Bane Act.

In the past, if police officers breached an individual’s constitutional rights while investigating a crime, they could attempt to defend themselves by using a qualified immunity defense, which barred them from responsibility or liability.

However, recent laws state that not only can police officers not use this defense, but prison guards also cannot raise a qualified immunity defense in scenarios where the guards either do not provide prisoners with proper medical care or injure prisoners.

What is the statute of limitations for the Bane Act?

The Bane Act does not have a particular statute of limitations. Depending on the case, courts apply one of these time limits in which to file a lawsuit:

• For common law neglect or personal injury, the statute of limitations is two years
• For statutory actions, the statute of limitation is three years

Additionally, the Tort Claims Act can extend these time limits by six months.

The California legislature enacted the Tort Claims Act to defend the state government from liability in specific personal injury cases.

What penalties does the Bane Act provide?

• Legal fees
• Civil punishments for offenders
• Civil solutions to victims of violence associated with hate crimes
• Three times the actual damages, with a minimum of $1,000
• Restraining orders and injunctive/equitable relief, a breach of which can lead to consequences such as a criminal contempt action with six months prison time and a maximum fine of $1,000

By itself, speech is not enough to support a Bane Act legal action unless:

• The speech includes threats of violence.
• There is reasonable assurance that the individual or group of people being threatened will become victims of violent acts or their property will be violated, and at the same time, the individual making the threat has the means to act.

Who can file a lawsuit for a hate crime under the Bane Act?

Victims of violence or threats of violence can sue under the Bane Act. Once plaintiffs file charges under the act, they also have the right to obtain a court order that halts additional harassment or violence, including any contact with the defendant. These orders are immediately enforceable, and a breach of these orders can result in a felony or misdemeanor if combined with violence or the threat of violence.

Under the Bane Act, the victim’s associates also have grounds to file a lawsuit if they received threats of violence or were subject to violence. Damages may include loss of property value, emotional suffering, medical costs, compromised earnings, loss of services, and pain and suffering.

Why is the Bane Act important?

It is illegal in California for any individual to threaten another with violence or perform acts of violence against a person or their property based on the type of person they are or the types of people with whom they associate.

When individuals file a lawsuit under the Bane Act, they make a civil claim against another person who interfered with their civil rights or attempted to do so. The state and federal laws of the United States forbid individuals from interfering with other people’s civil rights through acts of violence, coercion, intimidation, or threats of violence, including victims of violence associated with hate crimes. Individuals who find themselves victims of any of these acts should contact an experienced attorney to learn more about their options under California’s Bane Act.