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Showing posts with label DEPRIVATION OF RIGHTS UNDER COLOR OF LAW. Show all posts
Showing posts with label DEPRIVATION OF RIGHTS UNDER COLOR OF LAW. Show all posts

Thursday, July 24, 2014

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
 

Monday, April 14, 2014

LEGAL WORD FOR THE DAY - QUID PRO QUO

Those words are fascinating to me because I'm so aware of politicians giving something for something; but  what I see more often, is politicians who accept bribes or politicians  who   intimidate to get their way, or even wthdraw (ex.committee) appointments if they don't get their way.

  
"If you scratch my back I'll scratch yours" is so common in politics, politicians don't tend to worry about the consequences of engaging in this kind of practice, or can't recognize when an illegal quid pro quo occurs.

 
 
If you're a politician, I would tread carefully, because you just might get caught up in an illegal quid pro quo.

 
 
 
What I find far more serious (in my opinion),  is the politician/public employee (usually the one with considerable power) who gets caught up in a deprivation of rights  under color of law case.

Tuesday, March 18, 2014

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

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."