DOES MAPLE HEIGHTS CITY COUNCIL NEED ITS OWN ATTORNEY?

What happens when members of a city council feel harassed or threatened by another public official? Who can they go to? 


What if there's a pattern of abuse or intimidation, who do they turn to?


These are questions a city council may want to ask, because it seems it's not quite clear who represents who down at Maple Heights City Hall.


There are federal authorities that do handle what's called "deprivation of rights under color of law" abuses.


As stated regarding "Color of Law Abuses":

"U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.
 

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.
 

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
 

During 2012, 42 percent of the FBI’s total civil rights caseload involved color of law issues—there were 380 color of law cases opened during the year. Most of the cases involved crimes that fell into into five broad areas:

continued HERE


There are also court rulings regarding suits against public employers for retaliation, COERCION OF A PUBLIC SERVANT OR VOTER, etc etc etc


And there are freedom of speech issues.


So again we ask, does a city council need its own special attorney chosen by them; and do individuals on a city council need their own attorney?

Related:

Intimidation (wiki)

Intimidation

City Council moves to hire its own lawyer November 4, 2013

Council Calls For Independent Attorney November 15, 2006
 

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

 

 

"Summary:

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

 

 

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

 

 

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any."
 
 
 
SEE ALSO: COLOR OF LAW ABUSES

ON THE RIGHTS OF CITIZENS

 Thought for the day:

[Freedom of Speech] Opinions, conjecture, complaints, observations, / legal redress, voting are rights that citizens have.

Surveillance, invasions of privacy, intimidation, excessive force, misconduct, and acts of retaliation by public officials/public employees because a citizen exercises their rights is called abuse of power/position and there should and must be legal consequences for the person/persons who abuse their power/position. (See also "Color of Law")



Related:
Color of Law Abuses 

DOJ - Color of Law 


Filing Complaints for Color of Law Abuses:

To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:

• All identifying information for the victim(s);
• As much identifying information as possible for the subject(s), including position, rank, and agency employed;
• Date and time of incident;
• Location of incident;
• Names, addresses, and telephone numbers of any witness(es);
• A complete chronology of events; and
• Any report numbers and charges with respect to the incident.

You may also contact the United States Attorney’s Office in your district or send a written complaint to:

Assistant Attorney General
Civil Rights Division
Criminal Section
950 Pennsylvania Avenue, NorthwestWashington, DC 20530

It's a shame, but the following is just a fact of life that minorities have been dealing with for a very long time.  We're now finding that people who are peacefully protesting are having their rights violated.

It's best to be forewarned, then to give up your legal rights.

 
From Alternet: by Scott Morgan

"5 Reasons You Should Never Agree to a Police Search (Even if You Have Nothing to Hide)

From the streets of the Bronx to the suburbs of the Nation's Capital, you never have to look hard to find victims of the bias and corruption delivered by the drug war.

February 22, 2012

Do you know what your rights are when a police officer asks to search you? If you're like most people I've met in my eight years working to educate the public on this topic, then you probably dont.

It's a subject that a lot of people think they understand, but too often our perception of police power is distorted by fictional TV dramas, sensational media stories, silly urban myths, and the unfortunate fact that police themselves are legally allowed to lie to us.

It wouldn't even be such a big deal, I suppose, if our laws all made sense and our public servants always treated us as citizens first and suspects second. But thanks to the War on Drugs, nothing is ever that easy. When something as stupid as stopping people from possessing marijuana came to be considered a critical law enforcement function, innocence ceased to protect people against police harassment. From the streets of the Bronx to the suburbs of the Nation's Capital, you never have to look hard to find victims of the bias, incompetence, andcorruption that the drug war delivers on a daily basis.

Whether or not you ever break the law, you should be prepared to protect yourself and your property just in case police become suspicious of you. Let's take a look at one of the most commonly misunderstood legal situations a citizen can encounter: a police officer asking to search your belongings. Most people automatically give consent when police ask to perform a search. However, I recommend saying "no" to police searches, and here are some reasons why:

1. It's your constitutional right.

The 4th Amendment to the U.S. Constitution protects us against unreasonable searches and seizures. Unless police have strong evidence (probable cause) to believe you're involved in criminal activity, they need your permission to perform a search of you or your property.

You have the right to refuse random police searches anywhere and anytime, so long as you aren't crossing a border checkpoint or entering a secure facility like an airport. Don't be shy about standing up for your own privacy rights, especially when police are looking for evidence that could put you behind bars.

2. Refusing a search protects you if you end up in court.

It's always possible that police might search you anyway when you refuse to give consent, but that's no reason to say "yes" to the search. Basically, if there's any chance of evidence being found, agreeing to a search is like committing legal suicide, because it kills your case before you even get to court.

If you refuse a search, however, the officer will have to prove in court that there was probable cause to do a warrantless search. This will give your lawyer a good chance to win your case, but this only works if you said "no" to the search.

3. Saying "no" can prevent a search altogether.

Data on police searches are interesting, but they don't show how many searches didn't happen becausea citizen said no. A non-search is a non-event that goes unrecorded, giving rise to a widespread misconception that police will always search with or without permission.

I know refusing searches works because I've been collecting stories from real police encounters. The reality is that police routinely ask for permission to search when they have absolutely no evidence of an actual crime. If you remain calm and say no, there's a good chance they'll back down, because it's a waste of time to do searches that won't hold up in court anyway.

4. Searches can waste your time and damage your property.

Do you have time to sit around while police rifle through your belongings? Police often spend 30 minutes or more on vehicle searches and even longer searching homes. You certainly can't count on officers to be careful with valuables or to put everything back where they found it. If you waive your 4th Amendment rights by agreeing to be searched, you will have few legal options if any property is damaged or missing after the search.

5. You never know what they'll find.

Are you 100 percent certain there's nothing illegal in your home or vehicle? You can never be too sure. A joint roach could stick to your shoe on the street and wind up on the floorboard. A careless acquaintance could have dropped a baggie behind the seat. Try telling a cop it isn't yours, and they'll just laugh and tell you to put your hands behind your back. If you agreed to the search, you can't challenge the evidence. But if you're innocent and you refused the search, your lawyer has a winnable case.

Remember that knowing your rights will help you protect yourself, but no amount of preparation can guarantee a good outcome in a bad situation. Your attitude and your choices before, during, and after the encounter will usually matter more than your knowledge of the law. Stay calm no matter what happens, and remember that you can always report misconduct after things settle down.

Finally, please don't be shy about sharing this information with your friends and family. Understanding and asserting your rights isn't about getting away with anything, and it isn't about disrespecting police either. These rights are the foundation of freedom in America, and they get weaker whenever we fail to exercise them."

"Scott Morgan is Associate Director of FlexYourRights.org and co-creator of the film 10 Rules for Dealing with Police."


Update:
5/16/2012
Stop And Frisk Lawsuit Gains Class-Action Status, Judge Slams NYPD Over Policy


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