California Court of Appeal

In a civil action against the City of San Diego and police officers, asserting claims under the Tom Bane Civil Rights Act, Civ. Code section 52.1, which authorizes civil actions by individuals whose federal or state rights have been interfered with by 'threat, intimidation, or coercion,' and under the Ralph Civil Rights Act of 1974, section 51.7, which authorizes civil actions by individuals subjected to violence or intimidation because of their membership in a protected class, alleging the officers violated these statutes by using excessive force during his arrest, pulling his underwear into a 'wedgie' while searching him, and conducting a nonconsensual physical body cavity search of his rectum, the plaintiff's petition for writ of mandate following the trial court's grant of summary judgment to defendants is: 1) granted as to the Simmons's Bane Act claim; but 2) denied as to the Ralph Act claim.

Appellate Information

• Published 2017/01/25

Judges

• HALLER

Court

• California Court of Appeal

Counsel