Abuse of Power, Color of Law
Abuse of power by a government official or employee may occur under the color of law.
Some officials may exceed their legal power or authority for personal or political gain, or to feel more important, superior, dominant or powerful, or to seek revenge.
Officials sometimes subject a person or business within their jurisdiction to abuse of power by threats, intimidation, or misuse of authority to deprive, or conspire to deprive, the citizen of rights, privileges, or immunities secured by the Constitution and laws.
Use of the color of law for abuse of power or authority may occur at the local, state, or national level, by elected or appointed officials, government employees, judges, regulators, or law enforcement, while purporting or pretending to act in the performance of official duties.
Limits of Authority Prescribed by Law
The limits of authority are prescribed by statutes, laws, and ordinances, written by a legislature, where the public has an opportunity for input to their elected representatives. Citizens may express support or opposition for proposed legislation by sending letters or email. Citizens may vote for candidates that best represent their community, values, vision, and interests. In some cases, elected officials may be recalled from office or impeached.
Rules and regulations, written by a government agency, often have little or no input from the community or citizens. The U.S. Constitution does not empower Congress to delegate legislation to agencies operated by non-elected bureaucrats. An agency may overreach and seek to expand its power and dominion, and abuse of power, under the color of law.
Abuse of Power, Federal Law
Several federal criminal laws deal with violations of civil rights. Federal law, 18 USC 242, defines the federal crime of “Deprivation of Rights Under Color of Law“.
This statute makes it a crime for any person acting under the color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
Punishment varies from a fine or imprisonment of up to one year or both. In cases involving bodily injury, or use of a dangerous weapon, fine or imprisonment of up to ten years, or both. In cases involving death, kidnapping, or sexual abuse, fine or imprisonment for any term of years, or for life, or both, or a possible death sentence.
The Conspiracy Against Rights statute, 18 USC 241, makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
Abuse of Power Court Cases
Court cases and other laws involving abuse of power under color of law include:
“Acting under color of [state] law is a misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Thompson v. Zirkle, 2007 US Dist LEXIS 77654 (ND Ind Oct 17, 2007)
“Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken `under color of’ state law.” United States v. Classic, 313 US 299, 326 (1941)
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .” 42 USC 1983 (1988)
Citizens should read the Constitution and Bill of Rights and know their civil rights. Keep written notes, evidence, logs, photos, and videos of potential violations. Citizens deserve to be respected and served by ethical public officials who administer the law without using the color of law to abuse or overstep their lawful authority.
For The People
As President Abraham Lincoln said in his famous Gettysburg Address in 1863, public servants must support the government of the people, by the people and for the people, not for their personal agendas or abuse of power.
Disclaimer: This information is not legal advice. For legal advice, contact a licensed, competent attorney.