Key Takeaways

  • "Under color of state law" refers to actions carried out by officials using power granted by a government entity, even if those actions violate the law.
  • Violations under color of law may be committed by law enforcement officers, judges, or other officials.
  • Section 1983 of Title 42 of the U.S. Code enables individuals to file civil lawsuits for violations of their constitutional rights under color of law.
  • Both public officials and private individuals acting with state authority can be held liable.
  • Federal agencies like the FBI actively investigate civil rights violations committed under color of law.
  • Victims of such abuses may face discrimination, unlawful arrest, or physical harm.
  • Remedies include criminal prosecution, civil lawsuits, or disciplinary action.

What Is the Legal Definition of Under Color of State of Law?

Covers not only acts done by an official under a State law, but also acts done by an official under any ordinance of a county or municipality of the State, as well as acts done under any regulation issued by any State or County or Municipal official, and even acts done by an official under color of some State or local custom.

To act "under color of state law" means to act beyond the bounds of lawful authority, but in such a manner that the unlawful acts were done while the official was purporting or pretending to act in the performance of his official duties. In other words, the unlawful acts must consist of an abuse or misuse of power which is possessed by the official only because he is an official.

Who Can Act Under Color of State Law?

The concept of acting under color of state law primarily applies to public officials such as police officers, prison guards, prosecutors, judges, and other government agents. However, this authority can also extend to:

  • Private individuals who act in concert with government officials.
  • Security guards or contractors if deputized or given state-like authority.
  • Government employees acting off-duty, if using their position to exert power unlawfully.

For example, if a police officer uses their badge to intimidate someone during a personal dispute, this can still fall under color of law. The key factor is whether the person appeared to be using power granted by the state, even if misused.

When can a Person Be Found Guilty of Under Color of State Law?

A person may be found guilty even though he was not an official or employee of the State, or of any county, city, or other governmental unit if the essential elements of the offense charged have been established and the person was a willful participant with the state or its agents in the doing of such acts.

"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 U.S. 299, 326 (1941)

Common Examples of Violations Under Color of State Law

Violations committed under color of state law often involve abuse of power that results in the deprivation of constitutional rights. Some of the most common violations include:

  • Excessive force by police during arrests or while in custody.
  • Unlawful detention or arrest without probable cause.
  • Sexual misconduct by officials in detention or custodial settings.
  • Fabrication of evidence or coercion of false testimony.
  • Discriminatory practices, including denial of equal access or treatment based on race, religion, or gender.
  • Failing to intervene when another official is violating someone’s rights.

These acts are not only breaches of professional duty but may also result in federal charges or civil litigation.

What Happens When a Person Is Found Guilty of Under Color of State Law?

"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 U.S.C. S 1983 (1988).

Criminal Penalties for Violations Under Color of Law

Beyond civil liability, officials who commit acts under color of law may face criminal prosecution under federal statutes such as 18 U.S.C. § 242, which addresses willful deprivation of rights under color of law. Penalties may include:

  • Fines and imprisonment up to life if the act results in death.
  • Enhanced penalties if the violation involves kidnapping, aggravated sexual abuse, or attempted murder.
  • Permanent loss of employment and disqualification from holding public office.

These criminal charges are typically brought by federal authorities, including the Department of Justice and the FBI.

Legal Remedies and Enforcement Under Section 1983

Victims of constitutional violations under color of law have several legal avenues to seek justice. The most widely used is 42 U.S.C. § 1983, which allows individuals to sue state and local officials in federal court for civil rights violations. Remedies under Section 1983 include:

  • Compensatory damages for pain, suffering, and financial loss.
  • Punitive damages in cases involving particularly egregious misconduct.
  • Injunctive relief, which requires the official or agency to cease unlawful practices.
  • Attorney’s fees and costs for the prevailing party.

It’s important to note that Section 1983 lawsuits do not apply to federal officials; in those cases, a Bivens action may be appropriate.

How the FBI Investigates Color of Law Abuses

The FBI is the lead federal agency responsible for investigating violations under color of law. These investigations typically involve:

  • Civil rights abuses by public officials, such as law enforcement officers.
  • Allegations of excessive force, sexual misconduct, or unlawful arrests.
  • Systemic discrimination in public institutions.

The FBI encourages victims or witnesses to report incidents through their local field offices or the FBI’s online civil rights complaint portal. The agency emphasizes protecting constitutional rights and ensuring public officials are held accountable.

How to Protect Your Rights and Seek Help

If you believe your rights have been violated under color of state law, you should:

  1. Document everything — keep records, witness names, and any physical evidence.
  2. File a complaint with the agency involved and/or with a federal body like the DOJ.
  3. Consult with an experienced civil rights attorney to understand your options.
  4. Consider filing a Section 1983 claim if your constitutional rights were violated by a state or local actor.

Legal processes can be complex, and timing is critical due to statute of limitations. For professional assistance, you can find a qualified civil rights attorney on UpCounsel.

Frequently Asked Questions

  1. What does it mean to act under color of state law?
    It means using power granted by state law in a way that appears legal but actually violates a person’s constitutional rights.
  2. Can a private citizen be held liable under color of law?
    Yes, if they act in coordination with a government official or are given state-like authority.
  3. What is the difference between Section 1983 and 18 U.S.C. § 242?
    Section 1983 allows civil lawsuits for damages, while 18 U.S.C. § 242 involves criminal penalties for willful rights violations.
  4. Are federal officials covered under Section 1983?
    No, Section 1983 applies only to state and local officials. Federal officials may be sued under a Bivens action.
  5. What should I do if I’m a victim of a rights violation?
    Seek legal counsel immediately, document the incident, and consider filing a complaint with the appropriate agency or a civil rights lawsuit.

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