Posted by Fred Nerks to Diva Betsy Ross
On News/Activism 04/06/2005 3:47:14 PM PDT · 323 of 368
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Source: Federal Bureau of Investigation - Investigative Programs - Civil Rights.
http://www.fbi.gov/hq/cid/civilrights/statutes.htm#section242
Commenting of the reference to
"Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law"
Actually, I believe Terri's Federal remedy was under 42 USC 1983- and though I don't know the complete facts- it certainly wouldn't have required new emergency legislation to assert her right thereunder and get the matter into Federal Court.
However, since the whole idea was to save Terri, imho, the Republicans adopted the wrong political strategy to achieve that end. The emergency legislation turned into a political football, especially with the Martinez fiasco. (what was that about?)
Once again, if my facts are right, the Fla. Senate defeated a bill that could have saved Terri, by a vote where some 7 Republicans voted against.
It seems to me that the more plausible strategy would have been to get Mr. DeLay and Pres Bush on the phone to those dissenting Republicans, and explain to them the concept of "party unity" in no uncertain terms.
It is incredible to me that those votes could not have been flipped- and certainly, that would have been a more effective means to rescue Terri- as opposed ro letting the liberal national Media screw the Republicans one more, and open the door to these charges of hypocrisy.