The Ralph Civil Rights Act allows you to bring a claim for up to $25,000 in penalties if you are the victim of a hate crime or a threatened hate crime. These claims are based on you being targeted because of your race, gender, sexual orientation, religion, or other protected characteristics.

Here are three key things to know:

1. To win a Ralph Act lawsuit, you must prove the defendant’s substantial motivating reason for harming you was the perception of your position in a protected class.
2. You can file complaints with either California’s Civil Rights Department (CRD) or the applicable court.
3. In addition to the $25,000 civil remedy, successful Ralph Act lawsuits can lead to recovery of compensatory and punitive damages and attorneys’ fees.

In this article, the civil rights lawyers at the Shouse Law Office explain:

• 1. What is a Ralph Act lawsuit?
• 2. What are the protected classes?
• 3. What do I have to prove in a lawsuit?
  • 3.1. Lawsuits based on violent acts
  • 3.2. Lawsuits based on threats
• 4. What money can I get?

A Ralph Act lawsuit is a civil claim for damages under the Ralph Civil Rights Act of 1976.¹ The Ralph Act, along with the Bane Act, was meant to prevent hate crimes such as:

• Oral or written violent threats;
• Physical assault (actual or attempted);
• Graffiti; and/or
• Vandalism or other property damage.²

This law guarantees the right of people in protected classes to be free from both violence and intimidation. The Ralph Act does this by allowing them to file a lawsuit against perpetrators of a hate crime or discrimination. The Act also allows lawsuits to be filed against people who threaten those in protected classes.

Note that hate crime victims can either:

• file a complaint with California’s Civil Rights Department (CRD); or
• file a civil complaint with the applicable court

The deadline to file a complaint under the Ralph Act is one year after the hate crime victim learns of the perpetrator’s identity (as long as it is no more than three years after the victim was injured).

2. What are the protected classes?

The Ralph Civil Rights Act protects people who are in protected classes. If one person hurts or threatens someone else because they are in a protected class, it can lead to a lawsuit under California law. Protected classes (actual or perceived) include:

• Sex,
• Age,
• Gender, including gender expression and identity,
• Race,
• Skin color,
• Religion,
• Ancestry or heritage,
• National origin,
• Disability,
• Medical condition,
• Genetic information,
• Marital status,
• Sexual orientation (LGBT, etc.),
• Citizenship,
• Political affiliation,
• Position in a labor dispute,
• Primary language, and
• Immigration status.³

The Act expressly says that this list is not all-encompassing.⁴

Victims do not actually have to be in a protected class. If a defendant wrongly perceives someone as being in a protected class, they can be liable in a lawsuit.

Example: Dan threatens to run Ranjit over in his car for being Muslim. Ranjit is actually Sikh.

Note that lawsuits can be brought not only by the protected person but also by the attorney general or a district attorney or a city attorney.

3. What do I have to prove in a lawsuit?

What you have to prove in a Ralph Act lawsuit based on violence is slightly different than one based on threats. Both, however, center on whether your status in a protected class caused the violence or threat.

3.1. Lawsuits based on violent acts

To be successful in a lawsuit based on violence, you have to prove that:

• The defendant committed a violent act against you or your property,
• A substantial motivating reason for the act of violence was the perception of your position in a protected class, and
• The violence was a substantial cause of your injuries.⁵

3.2. Lawsuits based on threats

Lawsuits that claim someone intimidated you with a threat of violence have to prove that:

• The defendant intentionally threatened violence against you or your property (physical assault and/or property damage),
• A substantial motivating reason for the threats of violence was the perception that you were in a protected class,
• A reasonable person in your shoes would have believed the defendant would carry out the threat and been intimidated by it, and
• The threat was a substantial factor in any losses or harms that you suffered.⁶

It is not necessary to show that the threats were carried out. Mere words can be enough for a Ralph Act civil action.⁷

4. What money can I get?

Ralph Act plaintiffs may be awarded up to three times their actual damages (but no less than $4,000). In addition, plaintiffs may be eligible for punitive damages and attorney’s fees.

Specifically, claims demand compensation for such actual damages as:

• Medical bills associated with any physical injuries you suffered and required medical treatment,
• Wages lost while you were recuperating,
• Lost earning capacity,
• Pain and suffering, and
• Costs of property repair (such as from vandalism),
• Loss of consortium suffered by your family.

It can also include other financial losses that can be connected to threats or violence, such as:

• Moving costs,
• Mental anguish and emotional suffering from living in fear, and
• Additional security at home or work.

Punitive damages (exemplary damages) are also possible in a successful lawsuit. These seek to punish the defendant for their conduct. You can recover punitive damages even if you have already been fully compensated.

The Ralph Act, however, goes further than many other civil lawsuits. It allows victims to recover a civil fine of $25,000, as well. Victims can also recover attorney fees for the costs of pursuing their lawsuit. You can also get a restraining order against the defendant to keep them away from you.

The state of California’s civil rights laws allow you to defend yourself against people who violate your constitutional rights by attacking or threatening you for who you are. Our Los Angeles personal injury attorneys can help you file a lawsuit. Contact us today to get started.

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