3066. Bane Act Essential Factual Elements (Civ. Code § 52.1)

3066. Bane Act--Essential Factual Elements (Civ. Code, § 52.1) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] intentionally interfered with [or attempted to interfere with] [his/her] civil rights by threats, intimidation, or coercion. To establish this claim, [name of plaintiff] must prove all of the following: 1. [That [name of defendant] made threats of violence against [name of plaintiff] causing [name of plaintiff] to reasonably believe that if [he/she] exercised [his/her] right [insert right, e.g., "to vote"], [name of defendant] would commit violence against [[him/her]/ [or] [his/her] property] and that [name of defendant] had the apparent ability to carry out the threats;] [or] [That [name of defendant] acted violently against [name of plaintiff]/ [and] [name of plaintiff]'s property] [to prevent [him/her] from exercising [his/her] right [insert right]/to retaliate against [name of plaintiff] for having exercised [his/her] right [insert right]];] 2. 3. That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003; Renumbered from CACI No. 3025 and Revised December 2012