Lawsuit Drafted Against Riverside Sheriff for Violating Bane Act, 2nd & 14th Amendment, & Constitutional Rights?
A lawsuit drafted against the Riverside Sheriff alleges violations of the Bane Act, the Second & Fourteenth Amendments, and constitutional rights.
Summary of the lawsuit drafted against the Riverside Sheriff
Recently a Riverside county resident alleged that the Riverside County Sheriff was violating their civil rights. This happened while they attempted to acquire their CCW permit, as they are fully eligible and entitled to do. The citizen alleges several violations of California Penal Code, California Civil Code, The Bane Act, The Second & Fourteenth Amendments, California Government Code, and the CA Public Records Acts.
The Riverside County resident states the Riverside Sheriff coerced him into providing his SSN on an application. He states that when he complained, the Sheriff colluded to cover things up. Then they maliciously denied him his CCW permit. They cited a false positive on his background check. They said they were using their “discretion” and not issuing him his CCW permit. This was despite California “shall-issue” status and the precedent set by Ninth Circuit’s decision in the case of Young v. Hawaii, which the court decided in July 2021, after the Bruen case.
The Young v. Hawaii decision
In the Young case, the Ninth Circuit Court of Appeals held that Hawaii’s requirement for applicants to provide a social security number when applying for a license to carry a firearm violated the Second Amendment. The court found that the requirement was not necessary to determine an applicant’s eligibility for a license. It also found that the requirement could deter individuals from applying for a license.
California Penal Code section 26190
California Penal Code section 26190 specifies that an applicant for a CCW (Carry Concealed Weapon) permit is not required to provide their social security number as a condition of issuing a permit. The law states that an applicant may voluntarily provide their social security number to facilitate the background check. It is not mandatory.
Subsection (e) of section 26190 explicitly states this. An applicant for a CCW permit is not required to provide any information on the initial application other than that which is necessary to complete the application. This information may include the applicant’s name, address, place of birth and telephone number. It may also include a California driver’s license number or California identification card number, if any.
What the Bane Act says
The Bane Act is a California law that prohibits the use of threats, intimidation, or coercion to interfere with someone’s constitutional or statutory rights. The exact text of the Bane Act, found in California Civil Code section 52.1, states:
“(a) 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.”
Therefore, the Bane Act prohibits using threats, intimidation, or coercion to interfere with someone’s constitutional or statutory rights, including the right to refuse to provide certain information, and provides a civil remedy for individuals whose rights have been violated.
See for details: “Riverside County Sheriff DENIES CCW for No Good Cause, Ignores Supreme Curt Ruling, Violates Bane Act, Cal Penal Codes, and More…
Alleged violations in the lawsuit drafted
- UNLAWFUL DENIAL OF CCW PERMIT
- VIOLATION OF FOURTEENTH AMENDMENT
- VIOLATION OF SECOND AMENDMENT
- VIOLATION OF BANE ACT
- VIOLATION OF CALIFORNIA PENAL CODE SECTION 26190
- VIOLATION OF CALIFORNIA PENAL CODE SECTION 26202
- VIOLATION OF CALIFORNIA GOVERNMENT CODE SECTION 11135
- VIOLATION OF CALIFORNIA CIVIL CODE SECTION 52.1
- VIOLATION OF THE CALIFORNIA PUBLIC RECORDS ACT
The lawsuit drafted as a complaint
The unknown citizen has posted a draft of his proposed complain with the statement that he will file it PRO SE if necessary. He has named himself “John Doe” for the time being. It appears it is not a matter of if the Riverside County Sheriff made mistakes and violated his civil rights, but rather how badly he was harmed.
The user has also indicated that he filed a formal complaint with the Office of the Attorney General, Rob Bonta against the Riverside Sheriff Department.
Lawsuit Drafted Against @RSO for Violating Bane Act, 2nd & 14th Amendment, & Constitutional Rights?
A Complaint Has been filed with @RobBonta @CivilRights — @WhiteHouse @GavinNewsom @JoeBiden @VP #civilrights #SecondAmendment #guns #news #California https://t.co/UmJ8VTfwA1 pic.twitter.com/H3G0PocgNk— Creative Geniusess ™ (@creativegeniuse) March 28, 2023
Key takeaways
- A Riverside County resident alleges the Riverside Sheriff violated his civil rights while he tried to acquire his CCW permit.
- He states he was coerced into providing his SSN on an application.
- California Penal Code section 26190 says an applicant is not required to provide a social security number.
- The lawsuit drafted lists nine alleged violations, including the Bane Act and the Second and Fourteenth Amendments.
- The user has also indicated that he filed a formal complaint with the Office of the Attorney General.
In addition, learn more about the Bane Act on Wikipedia.
Related reading on Creative Geniusess
- Riverside County Sheriff Unconstitutionally DENIES CCW for No Good Cause & Violates Multiple Civil Rights describes one user’s experience with the Riverside County Sheriff.
- Rob Bonta Launches Investigation into Riverside County Sheriff for Civil Rights and Constitutional Violations covers a “thorough” investigation.
- Riverside County Sheriff Chad Bianco and AG Rob Bonta IGNORE Supreme Court’s ruling on the NYSRPA v Bruen ?? discusses CCW permit denials.
- Riverside, California Sheriff Stan Sniff Sued for “Discriminatory and Unconstitutional” Handgun Carry Policies in Federal Court covers a federal lawsuit.
