U.S.
law enforcement officers and other officials like judges, prosecutors,
and security guards have been given tremendous power by local,
state, and federal government agencies—authority they
must have to enforce the law and ensure justice in our country.
These powers include the authority to detain and arrest suspects,
to search and seize property, to
bring criminal charges, to
make rulings in court, and to use deadly force in certain situations.
Preventing
abuse of this authority, however, is equally necessary to the
health
of our nation’s democracy. That’s why
it’s a federal crime for anyone acting under “color
of law” willfully to deprive or conspire to deprive a person
of a right protected by the Constitution or U.S. law. “Color
of law” simply means that the person is using authority
given to him or her by a local, state, or federal government
agency.
The
FBI is the lead federal agency for investigating color of
law abuses, which include acts carried out by government officials
operating both within and beyond the limits of their lawful authority.
Off-duty conduct may be covered if the perpetrator asserted his
or her official status in some way.
During Fiscal Year 2005, the FBI investigated more than 1,100
color of law cases. Most of these crimes fall into five broad
areas:
• excessive force;
• sexual assaults;
• false arrest and fabrication of evidence;
• deprivation of property; and
• failure to keep from harm.
Excessive
force: In making arrests, maintaining order, and defending
life, law
enforcement officers are allowed to use whatever force
is "reasonably" necessary. The breadth and scope of
the use of force is vast—from just the physical presence
of the officer…to the use of deadly force. Violations of
federal law occur when it can be shown that the force used was
willfully "unreasonable" or "excessive."
Sexual
assaults by officials acting under color of law can happen in jails,
during
traffic stops, or in other settings where officials
might use their position of authority to coerce an individual
into sexual compliance. The compliance is generally gained because
of a threat of an official action against the person if he or
she doesn’t comply.
False
arrest and fabrication of evidence: The Fourth Amendment of the U.S.
Constitution
guarantees the right against unreasonable
searches or seizures. A law enforcement official using authority
provided under the color of law is allowed to stop individuals
and, under certain circumstances, to search them and retain their
property. It is in the abuse of that discretionary power—such
as an unlawful detention or illegal confiscation of property—that
a violation of a person's civil rights may occur.
Fabricating
evidence against or falsely arresting an individual also violates
the
color of law statute, taking away the person’s
rights of due process and unreasonable seizure. In the case of
deprivation of property, the color of law statute would be violated
by unlawfully obtaining or maintaining a person’s property,
which oversteps or misapplies the official’s authority.
The Fourteenth Amendment secures the right to due process; the
Eighth Amendment prohibits the use of cruel and unusual punishment.
During an arrest or detention, these rights can be violated by
the use of force amounting to punishment (summary judgment).
The person accused of a crime must be allowed the opportunity
to have a trial and should not be subjected to punishment without
having been afforded the opportunity of the legal process.
Failure
to keep from harm: The public counts on its law enforcement officials
to
protect local communities. If it’s shown that
an official willfully failed to keep an individual from harm,
that official could be in violation of the color of law statute.
Filing a Complaint
To file a
color of law complaint, contact your local
FBI office by
telephone, in writing, or in person. The
following information should be provided:
• all identifying information for the victim(s);
• as much identifying information as possible for the subject(s),
including position, rank, and
agency employed;
• date and time of incident;
• location of incident;
• names, addresses, and telephone numbers of any witness(es);
• a complete chronology of events; and
• any report numbers and charges with respect to the incident.
You may also contact the United States Attorney's Office in
your district or send a written complaint to:
Assistant Attorney General
Civil Rights Division
Criminal Section
950 Pennsylvania Avenue, Northwest
Washington, DC 20530
FBI investigations
vary in length. Once our investigation is complete, we forward
the findings to the U.S. Attorney’s
Office within the local jurisdiction and to the U.S. Department
of Justice in Washington, D.C., which decide whether or not to
proceed toward prosecution and handle any prosecutions that follow.
Civil Applications
Title 42, U.S.C., Section 14141 makes it unlawful for state
or local law enforcement agencies to allow officers to engage
in a pattern or practice of conduct that deprives persons of
rights protected by the Constitution or U.S. laws. This law,
commonly referred to as the Police Misconduct Statute, gives
the Department of Justice authority to seek civil remedies in
cases where law enforcement agencies have policies or practices
that foster a pattern of misconduct by employees. This action
is directed against an agency, not against individual officers.
The types of issues which may initiate a pattern and practice
investigation include:
• Lack of supervision/monitoring of officers' actions;
• Lack of justification or reporting by officers on incidents
involving the use of force;
• Lack of, or improper training of, officers; and
• Citizen complaint processes that treat complainants as adversaries.
Under Title
42, U.S.C., Section 1997, the Department of Justice has the
ability to initiate civil actions against mental hospitals,
retardation facilities, jails, prisons, nursing homes, and juvenile
detention facilities when there are allegations of systemic
derivations of the constitutional rights of institutionalized
persons.
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