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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In Cornell, the Court of Appeal recently confirmed “that
the use of excessive force can be enough to satisfy the [Bane
Act’s] ‘threat, intimidation or coercion’ element.” 17 Cal.
App. 5th at 799. The Court of Appeal explicitly rejected the
argument that appellants advance here, explaining that the
text of the Bane Act does not require “that the offending
‘threat, intimidation or coercion’ be ‘independent’ from the
constitutional violation alleged.” Id. at 800. Rather, the court
explained, in the context of an unlawful arrest, “the
egregiousness required by Section 52.1 is tested by whether
the circumstances indicate the arresting officer had a specific
intent to violate the arrestee’s right to freedom from
unreasonable seizure.” Id. at 801–02.

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