Bender

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, the County of Los Angeles and Sheriff’s Department Deputy Scott Sorrow, contend the Bane Act does not apply when a Fourth Amendment search and seizure violation is accompanied by the use of excessive force, because “coercion is inherent” in any unlawful seizure. In an excessive force case, they say, the Bane Act requires a showing that the “threats, intimidation, or coercion” caused a violation of a separate and distinct constitutional right in addition to the Fourth Amendment violation. We disagree.

Defendants also contend a new trial should have been granted based on errors in evidentiary…