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1 USC vs another

self preservation

self preservation

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Owingsville,KY
Can anyone tell me the difference in
42 USC 1983 vs 18 USC 242
and
42 USC 1985 vs 18 USC 241

I see the 42's mentioned all the time but I have never seen the 18's mentioned. They sound the same to me but I'm sure they are different and would be used in different situations.
 
H

Herr Heckler Koch

Guest
Title 42 of the United States Code deals with social issues. Title 18 is Federal Criminal and Penal code of the US.
 
hotrod

hotrod

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Union, Kentucky, USA
self preservation said:
Learn somthing new everyday. So 42 apllies to us more than 18? Can you give an example of an 18 situation vs a 42 situation?
Click to expand...

Title 18USC242 is how the officers that beat Rodney King were charged with a crime. 42USC1983 is the title Rodney King sued the police for the violation of his civil rights.
 
self preservation

self preservation

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hotrod said:
Title 18USC242 is how the officers that beat Rodney King were charged with a crime. 42USC1983 is the title Rodney King sued the police for the violation of his civil rights.
Click to expand...

So 18 is criminal and 42 is civil? is that right? We never discuss the 18's....only the 42's. But would an 18 apply to, lets say a LEO for the illegal seizure of a firearm?
 
H

Herr Heckler Koch

Guest
What are the elements of the crime, all must be met? If you write it properly any search engine worth a shot will give a proper link URL.

18 usc 242
 
color of law

color of law

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A Title 42 case is the method citizens use to civilly sue a state or federal actor who violated the citizen's rights.

A Title 18 case is the method the federal government use to criminally prosecute a state or federal actor who violated a citizen;s rights.
 
self preservation

self preservation

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color of law said:
A Title 42 case is the method citizens use to civilly sue a state or federal actor who violated the citizen's rights.

A Title 18 case is the method the federal government use to criminally prosecute a state or federal actor who violated a citizen;s rights.
Click to expand...

Interesting..... So we peons can't file an 18? That must be done from a higher authority? At the end of the day it may not amount to a huge pile of sh!t if I know this stuff or not, but does it really hurt to know more? Imagine how many injustices would have been dealt with if people only knew that the law allowed them options...
 
H

Herr Heckler Koch

Guest
A citizen cannot directly bring criminal charges, that's a privilege left to the sovereign-state. A citizen may swear out a complaint much as a cop only recommends charges to the state prosecutor.
 
self preservation

self preservation

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Herr Heckler Koch said:
A citizen cannot directly bring criminal charges, that's a privilege left to the sovereign-state. A citizen may swear out a complaint much as a cop only recommends charges to the state prosecutor.
Click to expand...

Understood... You dont hear much about people bringing 1983 and alike suits against "the powers to be" very often. Either there are not a lot of deprivation of rights (I bet they happen right here in KY everyday) that happen, people straight up dont know that they have been deprived or the cost of these suits keep people from enjoying these laws benefits. I have heard that 42 suits cost 10's of thousands of dollars. Do you think that's what keep people from bring these types of suits against a wrongdoer?
 
H

Herr Heckler Koch

Guest
self preservation said:
I have heard that 42 suits cost 10's of thousands of dollars. Do you think that's what keep people from bring these types of suits against a wrongdoer?
Click to expand...
10's of thousands of dollar$? No. It is due to the same ignorance as surrounds FOIA demands. The law is an ass that lawyers ride to work.

My state's FOIA accepts a plain language phone call. A verified complaint to the district attorney works wonders.
 
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