Color of law

Color of Law refers to an act done under the appearance of legal authorization, when in fact, no such right has been extended. This term is used in the United States to denote the misuse of power, provided by state law or a local ordinance. The most common misuse is by law enforcement officers or other government officials who act beyond their scope of power.

Definition

The concept of color of law is critical in the context of civil rights violations and is specifically addressed in U.S. Code Title 18, Section 242, titled "Deprivation of rights under color of law." This statute makes it a federal crime for anyone acting under color of law to willfully deprive or cause to be deprived the rights, privileges, or immunities guaranteed or protected by the Constitution and laws of the United States.

Application

The application of color of law extends beyond law enforcement officers to include other officials within the judicial system, such as judges and prosecutors, as well as public health officials, and even private individuals who are given authority by the state. It is a term that underscores the importance of lawful and ethical behavior by those in power, highlighting the potential for abuse in positions of authority.

Examples

Examples of actions under color of law include, but are not limited to, false arrest, excessive force, and denial of fair trial. These actions can lead to violations of civil rights, which can be addressed through both criminal and civil remedies.

Legal Remedies

Victims of color of law violations can seek justice through various legal avenues, including filing a complaint with the Department of Justice's Civil Rights Division, pursuing a civil lawsuit for damages, and seeking injunctive relief to prevent further abuses.

Challenges

One of the main challenges in addressing color of law abuses is the doctrine of Qualified immunity, which protects government officials from being held personally liable for discretionary actions performed within their official capacity, unless the actions violate clearly established federal law or constitutional rights.

See Also

• Civil Rights
• Qualified immunity
• United States Code
• Department of Justice