Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-05-30
Original Source: https://www.courtlistener.com/opinion/4502306/heriberto-rodriguez-v-county-of... ↗

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The panel rejected the argument that the supervisors had
immunity under state law and therefore could not be held
liable under the Bane Act, California Civil Code § 52.1. The
panel first held that California Civil Code § 820.2 does not
shield government employees who use excessive force in
carrying out their duties and that § 820.8 was inapplicable
because appellees did not rely on vicarious liability. The
panel concluded that in excessive force cases, including
Eighth Amendment cases, § 52.1 does not require proof of
coercion beyond that inherent in the underlying violation.
Because appellees provided evidence sufficient to support a
finding that they were subjected to excessive force in
violation of the Eighth Amendment, they necessarily
provided evidence sufficient to support a finding of a
violation of their rights under the Bane Act.

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