Amend 52.1
(Currently) In California, qualified immunity does not exist as a defense for peace officers and custodial officers sued under the Tom Bane Civil Rights Act (California Civil Code § 52.1). This state law permits individuals to sue officers who interfere with their constitutional or statutory rights through threats, intimidation, or coercion.
While the federal counterpart—42 U.S.C. § 1983—retains a strict qualified immunity standard, California enacted Senate Bill 2 (effective January 1, 2022) to explicitly eliminate this defense for state civil rights claims. [1, 2, 3, 4]
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Article and Case: A Victory for Victims of Police Misconduct in California