Venegas

In this appeal we address a question of first impression in California. Does the doctrine of qualified immunity, which applies to federal civil rights actions under 42 United States Code section 1983 , also apply to California civil rights actions under Civil Code section 52.1? We hold the doctrine of qualified immunity does not apply to plaintiffs’ cause of action under Civil Code section 52.1. The County of Los Angeles (County) and Robert Harris having argued no other grounds for immunity, we reverse the summary adjudication in their favor because there are triable issues of fact as to whether Harris interfered by threats, intimidation or coercion with plaintiffs’ exercise or enjoyment of their rights under the Fourth Amendment to the United States Constitution and article I, section 13 of the California Constitution.

We affirm the summary adjudications in favor of the City of Vernon and Officer Wiles on plaintiffs’ cause of action under Civil Code section 52.1 and in favor of all defendants on the cause of action for battery. We reverse the summary adjudication as to all defendants on plaintiffs’ negligence cause of action.

FACTS

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