Under color of law?

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glummer

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Does anyone know if it is possible, even in theory, to use the courts against government officials other than LEO for violating rights “under color of law’?
Either by civil lawsuit, or criminal charges?
Do judges, prosecutors, executives, and legislators have total immunity for their actions?
 
You're talking about this maybe?

US Code Title 18 Part 1 Chapter 13 sec 242

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 13--CIVIL RIGHTS

Sec. 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or
custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution or
laws of the United States, or to different punishments, pains, or
penalties, on account of such person being an alien, or by reason of his
color, or race, than are prescribed for the punishment of citizens,
shall be fined under this title or imprisoned not more than one year, or
both; and if bodily injury results from the acts committed in violation
of this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire, shall be
fined under this title or imprisoned not more than ten years, or both;
and if death results from the acts committed in violation of this
section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse, or an attempt to commit aggravated sexual
abuse, or an attempt to kill, shall be fined under this title, or
imprisoned for any term of years or for life, or both, or may be
sentenced to death.
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Immunity: depends on whether what they did is within or outside scope of their job.
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Like a judge issuing pistol permits who refuses to issue to Muslims.
Or a city council that keeps passing racial segregation laws, and ordering the police to keep trying to enforce them.
 
Does anyone know if it is possible, even in theory, to use the courts against government officials other than LEO for violating rights “under color of law’?
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Of course it is possible. With that said many non lawyers would assume that any act by a governmental official which deprives you of your 2nd amend rights would be subject to sanction... taint so.

The operative language “under color of law" refers to using the law as a ploy or ruse to obtain your objective. The classic example arising in the civil rights era involved the traffic stop and arrest of civil rights workers by a LEO, with the LEO then turning them over to the KKK.

An assertion of "good faith" enforcement of a law, latter determined to be unconstitutional, will not give rise to liability. If that were not the case... well I think you can imagine the problems involved with each government official making their own private determination as to the constitutionality of any given law...
 
Or a city council that keeps passing racial segregation laws, and ordering the police to keep trying to enforce them.
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wasnt there a law in GA that was recently struck down that made it so that the city/county had to enforce desegregation... they were busing students to different schools so that the schools wouldnt be all one race... instead of having the kids go to the closest school
 
on account of such person being an alien, or by reason of his
color, or race, than are prescribed for the punishment of citizens,
Click to expand...

The vast majority of the common violation of rights just do not fall under this very narrow scope.

It might be interesting to make an equal protection argument against this law on the grounds that it does not provide the equal protection as required by the 14th amendment since it applies to only a very few cases of rights infringement.

On top of that, the SC has basically given carte blanch to LE.
 
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