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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Finally, this analysis is consistent with our recent decision
in Reese v. County of Sacramento, where we addressed a
Bane Act claim premised on an alleged Fourth Amendment
excessive force violation. — F.3d —, 2018 WL 1902416, at
*6–7 (9th Cir. Apr. 23, 2018). We rejected a similar
argument based on Shoyoye, reasoning that Cornell’s
interpretation of the Bane Act was consistent with the
statutory language and the California Supreme Court’s
decisions. Id. at *8–9. We therefore held that “the Bane Act
does not require the ‘threat, intimidation or coercion’ element
of the claim to be transactionally independent from the
constitutional violation alleged,” but rather a showing of the
defendant’s specific intent to violate the plaintiff’s
constitutional rights. Id. at *8.

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