Use of ForceQuestion 77 of 200
If a guard's excessive force violates a subject's civil rights, the principal civil-liability theories include:
a.Only contract claims by the property owner
b.California Civil Code §52.1 (Bane Act) for interference with state/federal rights by threat, intimidation, or coercion; 42 U.S.C. §1983 for color-of-state-law civil-rights violations (when a state-action nexus exists); plus state tort claims (false arrest, battery, IIED)
c.Only criminal contempt
d.Only ADA claims
Explanation
Civil Code §52.1 (Bane Act) gives a civil cause of action when rights are interfered with by threat, intimidation, or coercion — frequently used against private security in excessive-force cases. 42 U.S.C. §1983 applies to actors operating under color of state law, which can occasionally reach private security with a sufficient state nexus (e.g., off-duty officers, deputized security). State common-law torts (false arrest, battery, IIED) round out the typical claims. Options (a), (c), (d) understate or misstate the civil exposure.
Law Reference: Cal. Civil Code §52.1 (Bane Act); 42 U.S.C. §1983Practice all 200 questions free — no signup required.
Related questions on this topic
- Penal Code §835 distinguishes 'force' from 'restraint.' The proper relationship is:
- The so-called '21-foot rule' (Tueller drill) is best understood as:
- When confronted by multiple non-compliant subjects, the guard's force decision should consider:
- If excessive force or improper restraint causes death, the guard's potential criminal exposure can include:
- 'Imminent' threat under §835a(c)(1) means:
- California self-defense law (PC §692-§694; CALCRIM 505) requires force be:
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California BSIS Guard Card Exam · How we review