Really dumb cops/government officials/DHHR workers
Posted in the Fayetteville Forum
#1 Jun 16, 2011
42 U.S.C. Section 1983
Liability of State Officials
Every person who, under color of any statute, ordinance, regulation, custom, or usuage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other persons 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 proceedings for redress.
Section 1983 requires a plaintiff to demonstrate that her constitutional rights were violated by someone acting under the color of the law.
Plaintifs can sue private parites under Section 1983 when private parties conspire with state officers. The Supreme Court held that 'a state normally can be held responsible for a private decision only when it has exercised coercive power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the state."
AT the federal level, the most common statute for holding police officers criminally liable is 18 U.S.C. Section 242. This section can be used to prosecute either a state or a federal law enforcement officer.
Magistrates must act in a neutral and detached capacity. The Magistrate cannot as a judical officer of a court have a direct, personal, substantial, or pecuniary interest in the conclusion to issue or deny a warrant, decision, etc...
#2 Jun 16, 2011
Where are all my posts? They were honest and truthful. They told what happened to me and my children without slander or libel. What's up? Afraid the truth might come out? Well heck it is just one more thing to add to the very long list of all the criminal behavior acted out upon myself.
The most important amendment has to be the First Amendment because it is our liberty clause. We would not be the United States of America without autonomy and personal freedom to express our views without restraint.
'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.'
•‘Assisting in litigation to vindicate civil rights ... and associating for the purpose of assisting persons seeking legal redress' are 'protected by the first amendment.' Rizzo v. Dawson, 778 F.2d 527, 531 (9th Cir.'85).
oThe Supreme Court in City of Houston, Texas v. Hill, 482 U.S. 451 ('87), invalidated a Texas county's ordinance which made verbally challenging an officer in the line of duty unlawful. The Court stated that 'the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers.' Id. at 461. Unless the speech is likely to produce 'a clear and present danger of a serious substantive evil,' the Court stated, it is protected. Id. Indeed, the Court continued,'[t]he freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.' Id. at 462-3.
oVerbally confronting the police is a right all Americans have under the First Amendment. See Hill, 482 U.S. at 461.
oIn addition, the freedom to speak or to petition the government could hardly be protected from Government interference without a correlative associational freedom to engage in group effort toward these ends.(Roberts v. U.S. Jaycees (1984) 468 U.S. 609, 22 ; Hart v. Cult Awareness Network (1993) 13 Cal.App.4th 777, 90.)
#3 Jun 16, 2011
Remember please that you created me, as I was not raised this way. We all need educated on our rights and I am that voice that is going to lead the way or at least start the process because I am really not a leader in any sense.
What did you guys tell me over and over? "If it doesn't kill you then it makes you Stronger?"
Well honestly I don't feel strong. I feel saddened that this has to happen. I feel saddened that this is my reality. I have no choice but to fight back and I have to apologize in advance because ugly words will be spoken, names will be called, and your lies will be revealed. Sad isn't it?
The TRUTH will set you free.
#4 Jun 16, 2011
Color of law defined:
Color of the law refers to an appearance of legal power to act but which may operate in violation of law. For example, though a police officer acts with the "color of law" authority to arrest someone, if such an arrest is made without probable cause the arrest may actually be in violation of law. In other words, just because something is done with the "color of law", that does not mean that the action was lawful. When police act outside their lawful authority and violate the civil rights of a citizen, the FBI is tasked with investigating.
The Supreme Court has interpreted the United States Constitution to construct laws regulating the actions of the law enforcement community. Under "color of law", it is a crime for one or more persons using power given to him or her by a governmental agency (local, state or federal), to willfully deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. Enforcement of "color of law" does not require that any racial, religious, or other discriminatory motive existed. Criminal acts under color of law include acts within and beyond the bounds or limits of lawful authority.
#5 Jun 16, 2011
It is funny but guys you are not allowed to use profanity on here. Nope I have not done that either. You are not allowed to make threats on here. Nope, I have not done that either. But there are loads of both all over the place plus sexual profanity almost every topic and comment line.
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