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Female OC advocate needs our help to fight bogus charges!

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
prose said:
This is a clear case of the federal crime "felony deprivation of rights under color of law". That is when a leo uses his gun and badge to deprive a citizen of any of her constitutional rights.
You're probably referring to 42USC1983, titled Civil action for deprivation of rights
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...

There's also 42USC1985 Conspiracy to interfere with civil rights which is applicable to anyone but is still only a civil action.
(3) Depriving persons of rights or privileges
If two or more persons in any State ... conspire ... for the purpose of depriving, either directly or indirectly, any person ... of equal privileges and immunities under the laws
...
in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is ... deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

18USC241 Conspiracy against rights, however, is a felony & is applicable to anyone.
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State ... in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same
...
They shall be fined under this title or imprisoned not more than ten years, or both;
and ... if such acts include kidnapping or an attempt to kidnap... they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
I really wish we could get that one used / prosecuted more often against officers who misbehave.
 
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Yaki

Regular Member
Joined
Jun 21, 2011
Messages
94
Location
Salinas, California
The prosecutor could draw the jury's attention to a group in the gallery, dressed alike, & instead of the trial being about me being falsely accused it would become about how they feel about guns in general & the OC movement in particular, making me out to be a radical who wants to promote a cause & "push the boundaries".
Nothing could be further from the truth.
I was sitting alone, at night, in what the cops called a high-crime neighborhood, with a computer on my lap. I'd be silly not to want to be able to protect myself!
I live in a not-so-great area. I've seen violent crime on my street. (In fact, I was threatened by a gang of feral urban ethnic teens yesterday afternoon just 2 houses away from home.)

My lawyer says that people generally don't show up to court in support of the cops, who will be the only ones testifying for the defense, so it's reasonable for the jury to assume that people are there to support me (minus a few gawkers).

I support you and I keep updated on your case.
My question is why did you feel the need to say ethnic kids? If it were a group of white kids would you have stated that (be honest)?
If race were important to the story by all means say it. Mentioning it when it doesn't further th s story shows a personal issue..
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Would you be happier if I'd just said 'black' instead of making up a silly pretend-PC label?
[Sort of like saying 'park' instead of 'inter-urban green area'.]

As a descriptor it's one more thing to use to paint the picture. It goes to show the area I live in & adds to the tally of violent crimes or attempted crimes by gangs of black youth. If it'd been a white gang I would have been surprised, esp. in this area, but yes I would have mentioned it.

I try very hard to take people as they come, not make judgments based on a group I think they belong to. If you plow through my posts here, you'll see that I have often confronted racists & bigots. I'm sorry to have even given the slightest impression that I belong to or condone those groups.

But when I see repeated news reports of violent crimes committed by groups of black youth (including in & around the metro area where I live), then see a group of such coming toward me, & one runs at me, I get worried.
I don't see that as unreasonable.
I was a bit surprised they didn't come up my driveway at me.
 
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07Altima

Regular Member
Joined
Jan 13, 2011
Messages
131
Location
Monroe
I am so happy

I am sooooooooooooooo glad you that you won, and that we all won another victory against the governments over reach, I hope you mop the floor with them, take them down, pwn them in court make them feel the heat on the other way around. I hope those cops pay the piper, and makes them think twice about trying to make something from nothing ever again.
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
I am sooooooooooooooo glad you that you won, and that we all won another victory against the governments over reach, I hope you mop the floor with them, take them down, pwn them in court make them feel the heat on the other way around. I hope those cops pay the piper, and makes them think twice about trying to make something from nothing ever again.

I agree with the spirit of your post. What we must remember is that the settlements really do not cost the offending officers anything. They are simply paying us with our own money. :eek: We need to push very hard in my opinion to strip the "qualified immunity" of officers who violate our civil rights. This can only be accomplished by lobbying hard for reforms in the FBI who basically turn a blind eye to 2A abuses by local police. They are responsible for pursuing color of law violators in local /county / state police departments. Sadly they rarely ever bring charges. Why is this important? Once an officer has been found to have violated the color of law rules they lose their immunity, and can be sued personally. Once one or two officers have their bank accounts drained and their houses awarded to the people they abused, you can bet there will be a substantial reduction in civil rights abuses by officers as they would now face consequences for abuses. It is amazing who fast news travels in the LEO community. :D

Giving up civil rights for security is a certain way to lose both! :eek:
 
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skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
...

We need to push very hard in my opinion to strip the "qualified immunity" of officers who violate our civil rights. This can only be accomplished by lobbying hard for reforms in the FBI who basically turn a blind eye to 2A abuses by local police. They are responsible for pursuing color of law violators in local /county / state police departments. ....

Huh? "Color of law" violations are remedied by civil suits filed in the federal courts. The FBI does not investigate those.

Or are you referring to the criminal denial of civil rights, which would be investigated by the FBI? Those folks do not, IMHO, turn a blind eye to what is happening so much as the Federal District Attorney/Assistant District Attorneys show no interest in seeking an investigation in support of possible prosecution. Remember, the FBI is not like a police department that patrols the streets looking to find folks committing crimes right here/right now who can be arrested based on observing their criminal action. The FBI goes looking for evidence after someone convinces the FDA/FADA that their complaint has some possibility of resulting in a conviction.

Most states have their own version of "color of law" laws. It is certainly less expensive to file suit under those laws, and more usually results in favorable decisions for the plaintiff to go that route.

stay safe.
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
Huh? "Color of law" violations are remedied by civil suits filed in the federal courts. The FBI does not investigate those.

Or are you referring to the criminal denial of civil rights, which would be investigated by the FBI? Those folks do not, IMHO, turn a blind eye to what is happening so much as the Federal District Attorney/Assistant District Attorneys show no interest in seeking an investigation in support of possible prosecution. Remember, the FBI is not like a police department that patrols the streets looking to find folks committing crimes right here/right now who can be arrested based on observing their criminal action. The FBI goes looking for evidence after someone convinces the FDA/FADA that their complaint has some possibility of resulting in a conviction.

Most states have their own version of "color of law" laws. It is certainly less expensive to file suit under those laws, and more usually results in favorable decisions for the plaintiff to go that route.

stay safe.

See bold - any denial of civil rights under the authority of the uniform is criminal. Hence the term "color of law" to my knowledge. The Detroit FBI office often will not even respond to questions from victims if they are investigating complaints or not. One of our people had to FOIA them to get a negative answer. I will say it again Skid, until officers are held PERSONALLY accountable, via criminal and civil actions nothing will change. Under the current system this is almost impossible. You should understand this better than most here, have you got a personal appology from the officers who detained you? Did they face charges? Did they have to pay you a dime out of their pockets? Not bashing - most police are good people. Sadly, and often the small % who are criminals are allowed to continue to abuse citizens by the silence of their fellow officers.


Giving up civil rights for security is a certain way to lose both! :eek:
 
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