BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2634
                                                                  Page 1

          Date of Hearing:  April 1, 2014

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
                AB 2634 (Bradford) - As Introduced: February 21, 2014
                                           
                               As Proposed to be Amended
           
          SUBJECT  :  CIVIL RIGHTS VIOLATIONS: INJUNCTIVE RELIEF

           KEY ISSUE  :  SHOULD GOVERNMENT OFFICIALS AND AGENTS BE SUBJECT TO  
          POTENTIAL INJUNCTIONS ELIMINATING MISCONDUCT WHEN A PATTERN OR  
          PRACTICE OF CIVIL RIGHTS VIOLATIONS HAS BEEN PROVED?

                                      SYNOPSIS
          
          This bill would clarify that courts have the authority to issue  
          injunctions to eliminate a pattern or practice of civil rights  
          violations committed under color of law.  This principle is  
          consistent with the general and inherent authority of courts to  
          order equitable relief appropriate to the nature of the  
          violation; it is also consistent with the explicit statutory  
          authority of the courts to do so in pattern or practice cases  
          prosecuted by the Attorney General.  Supporters believe it would  
          be beneficial to clarify this authority in private-party cases  
          as well.  The problem typically arises with respect to alleged  
          violations by law enforcement officers.  When a pattern or  
          practice of civil rights violations is found, the question  
          arises whether the court can order the violator to refrain from  
          further misconduct not only toward the person who sued but to  
          others as well.  Because the defendant is before the court, it  
          appears appropriate, efficient and economical to deter bad acts  
          against others if there is evidence warranting such an order.   
          The bill has no known opposition.
           
          SUMMARY  :  Clarifies court authority to make appropriate  
          equitable relief when a pattern or practice of civil rights  
          violations has been established.  Specifically,  this bill   
          provides that any individual whose exercise or enjoyment of  
          rights secured by the Constitution or laws of the United States,  
          or of rights secured by the Constitution or laws of this state,  
          has been interfered with, or attempted to be interfered with, as  
          described in subdivision (a), may institute and prosecute in his  
          or her own name and on his or her own behalf a civil action for  
          damages, including, but not limited to, damages under Section  








                                                                  AB 2634
                                                                  Page 2

          52, injunctive relief, and other appropriate equitable relief to  
          protect the peaceable exercise or enjoyment of the right or  
          rights secured, including appropriate equitable and declaratory  
          relief to eliminate a pattern or practice of conduct in  
          violation of specified law.

           EXISTING LAW  :

          1)Provides that if a person or persons, whether or not acting  
            under color of law, interferes by threats, intimidation, or  
            coercion, or attempts to interfere by threats, intimidation,  
            or coercion, with the exercise or enjoyment by any individual  
            or individuals of rights secured by the Constitution or laws  
            of the United States, or of the rights secured by the  
            Constitution or laws of this state, the Attorney General, or  
            any district attorney or city attorney may bring a civil  
            action for injunctive and other appropriate equitable relief  
            in the name of the people of the State of California, in order  
            to protect the peaceable exercise or enjoyment of the right or  
            rights secured.  An action brought by the Attorney General,  
            any district attorney, or any city attorney may also seek a  
            civil penalty of twenty-five thousand dollars ($25,000).  If  
            this civil penalty is requested, it shall be assessed  
            individually against each person who is determined to have  
            violated this section and the penalty shall be awarded to each  
            individual whose rights under this section are determined to  
            have been violated.  (Civil Code section 52.1(a).)

          2)Also provides that any individual whose exercise or enjoyment  
            of rights secured by the Constitution or laws of the United  
            States, or of rights secured by the Constitution or laws of  
            this state, has been interfered with, or attempted to be  
            interfered with, as described in section 52.1 (a) may  
            institute and prosecute in his or her own name and on his or  
            her own behalf a civil action for damages, including, but not  
            limited to, damages under Section 52, injunctive relief, and  
            other appropriate equitable relief to protect the peaceable  
            exercise or enjoyment of the right or rights secured.  (Civil  
            Code section 52.1 (b).)

          3)Provides that no governmental authority, or agent of a  
            governmental authority, or person acting on behalf of a  
            governmental authority, shall engage in a pattern or practice  
            of conduct by law enforcement officers that deprives any  
            person of rights, privileges, or immunities secured or  








                                                                  AB 2634
                                                                  Page 3

            protected by the Constitution or laws of the United States or  
            by the Constitution or laws of California.  (Civil Code  
            section 52.3(a).)

          4)Further provides that the Attorney General may bring a civil  
            action in the name of the people to obtain appropriate  
            equitable and declaratory relief to eliminate the pattern or  
            practice of conduct specified in section 52.3 (a), whenever  
            the Attorney General has reasonable cause to believe that a  
            violation of section 52.3 (a) has occurred.  (Civil Code  
            section 52.3(b).)
           
          FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

           COMMENTS  :  According to the author, this bill is intended to  
          provide more effective remedies when a court finds certain  
          egregious civil rights violations:

               The use of excessive force by law enforcement officers is a  
               serious and ongoing concern in California, but asking a  
               court to prohibit an unsafe pattern and practice against  
               other nonparties is difficult. Current law allows the AG to  
               sue law enforcement for pattern and practice violations,  
               but it is rarely used as a result of civil rights  
               violations. 

               AB 2634 will allow an individual, at the court's  
               discretion, to seek injunctive relief for all other  
               nonparties when the use of excessive force is a result of  
               pattern and practice. The private party must meet an  
               extremely high burden of providing injury based on a  
               pattern and practice. By granting an individual the legal  
               right to ask a court to order law enforcement to  
               discontinue such acts, future civil rights violations can  
               be prevented against both the individual and other  
               nonparties as a result of law enforcement's pattern and  
               practice.  
           
           The sponsor of the measure, California Attorneys for Criminal  
          Justice (CACJ) further explains:

               This measure will strengthen legal remedies available when  
               a person is the victim of police abuse. Specifically, AB  
               2634 will allow a court to order a law enforcement entity  








                                                                  AB 2634
                                                                  Page 4

               to cease unlawful practices whenever there is evidence of a  
               pattern or practice of civil rights violations. 

               Excessive force and civil rights violations by police  
               officers causes significant damage to communities.   
               Individuals often suffer physical harm or death; families  
               must try to rebuild their lives and distrust of police  
               officers permeates neighborhoods.  As a result, community  
               members who are victims of crime become cautious about  
               reaching out to the police due to concerns that they may be  
               victimized by the police as well. Unfortunately, police  
               abuse scandals tend to occur in lower-income communities  
               and neighborhoods with a high population of people of  
               color. 

               Many community groups organize in response to police abuse  
               incidents with little success.  Departments are averse to  
               altering their policies even when there are repeated  
               occurrences of police abuse.  Often times pursuing a  
               lawsuit is the only option.  However, current California  
               law fails to explicitly provide array of legal options.  
               Although an individual can sue for monetary damages,  
               current law does not expressly give a court the ability to  
               issue an order requiring a police department to change its  
               policies and practices, even if there is a pattern and  
               practice of civil rights violations.  AB 2634 addresses  
               this deficiency in the law.

               Specifically, this bill will amend Civil Code section 52.1  
               to explicitly state that an individual who successfully  
               sues for violation of civil rights and demonstrates that  
               these violations are part of a pattern and practice of the  
               law enforcement entity, may ask a court to issue an  
               injunction to require a change in departmental policy and  
               action.  This additional legal remedy is designed to reduce  
               the incidents of police abuse in California.

           This Bill Appears To Be Clarifying And Consistent With Existing  
          Law.   Under this bill, judges would have the explicit authority  
          to order appropriate equitable and declaratory relief to end a  
          pattern or practice of civil rights violations.  No court has  
          reportedly held that judges lack this authority now.  Indeed,  
          the inherent equitable powers of the courts to fashion remedies  
          designed to ensure proper obedience to the law may already be  
          clear.  (See, e.g., U.S. v. Building Inspector of America, Inc.,  








                                                                  AB 2634
                                                                  Page 5

          (D.Mass. 1995) 894 F. Supp. 507, 520-521)(In issuing injunctive  
          relief, a court has broad power to restrain acts which are of  
          the same type or class as unlawful acts which the court has  
          found to have been committed or whose commission in the future,  
          unless enjoined, may fairly be anticipated from the defendant's  
          conduct in the past.)  

          Nevertheless, supporters argue, this bill would provide helpful  
          clarification by making the court's authority explicit.  This  
          approach is consistent with existing Civil Code section 52.3,  
          which provides that no governmental authority, agent, or person  
          acting on behalf of a governmental authority, shall engage in a  
          pattern or practice of conduct by law enforcement officers that  
          deprives any person of rights, privileges, or immunities secured  
          or protected by the Constitution or laws of the United States or  
          by the Constitution or laws of California.  (Civil Code section  
          52.3(a).)  Existing law also provides that the Attorney General  
          may bring a civil action in the name of the people to obtain  
          appropriate equitable and declaratory relief to eliminate the  
          pattern or practice of conduct specified in section 52.3 (a),  
          whenever the Attorney General has reasonable cause to believe  
          that a violation of section 52.3 (a) has occurred.  (Civil Code  
          section 52.3(b).)  By expressly incorporating the same language  
          in section 52.1 as currently operates in section 52.3 - i.e.,  
          appropriate relief to eliminate the pattern or practice -  
          supporters argue that the court's authority will be clarified  
          for the benefit of all parties.

           Author's Technical Amendment.   To clarify the intent of the  
          measure to be consistent with existing injunctive relief  
          provisions where a pattern or practice is found, the author  
          appropriately proposes the following clarification:
           
           (b) Any individual whose exercise or enjoyment of rights secured  
          by the Constitution or laws of the United States, or of rights  
          secured by the Constitution or laws of this state, has been  
          interfered with, or attempted to be interfered with, as  
          described in subdivision (a), may institute and prosecute in his  
          or her own name and on his or her own behalf a civil action for  
          damages, including, but not limited to, damages under Section  
          52, injunctive relief, and other appropriate equitable relief to  
          protect the peaceable exercise or enjoyment of the right or  
          rights secured,  including appropriate equitable and declaratory  
          relief to eliminate a pattern or practice of conduct in  
          violation of subdivision (a).   If a civil action is brought under  








                                                                  AB 2634
                                                                  Page 6

          this subdivision in response to an act under color of law, and  
          it is established that the act under color of law is the result  
          of a pattern or practice of activity, injunctive relief may  
          include injunctive relief against nonparties to prohibit the  
          underlying act.  
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Attorneys for Criminal Justice (sponsor)
          ACLU
          All of Us or None
          Communities United for Restorative Youth Justice
          Legal Services for Prisoners with Children
          Center for Young Women's Development
          Fathers and Families of San Joaquin
          Homies Unidos
          MILPA East Salinas
          National Coalition of Barrios Unidos
          San Joaquin Regional Green Jobs Coalition
          Street Level Health Project
          Valley Latino Environmental Advancement Project

           Opposition 
           
          None on file
           
          Analysis Prepared by  :  Kevin G. Baker / JUD. / (916) 319-2334