Deprivation of Civil Rights

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Multi-State
Control #:
US-5THCIR-CR-2-12
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Word
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Deprivation of Civil Rights

Deprivation of Civil Rights is the infringement of rights normally granted to citizens of a particular country or state. This includes the right to vote, the right to freedom of assembly and speech, the right to bear arms, the right to due process of law, and the right to equal protection under the law. Deprivation of Civil Rights can be divided into two main categories: direct deprivation and indirect deprivation. Direct Deprivation occurs when a person is denied one or more of their civil rights by a government or other authority. Examples include denial of voting rights, imprisonment without due process of law, denial of the right to bear arms, and denial of the right to equal protection under the law. Indirect Deprivation occurs when a person is denied their civil rights due to discrimination. Examples of indirect deprivation include discrimination based on race, gender, sexual orientation, age, or religion. In the United States, deprivation of civil rights is prohibited by the Constitution. The U.S. Supreme Court has recognized that deprivation of civil rights is a violation of the Equal Protection Clause of the Constitution, and has ruled that it is illegal for a government or other authority to deny citizens their civil rights.

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FAQ

The most common complaint involves allegations of color of law violations. Another common complaint involves racial violence, such as physical assaults, homicides, verbal or written threats, or desecration of property.

The deprivation of rights under color of law is a federal criminal offense which occurs when any person, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person on any U.S. territory or possession to the deprivation of any rights, privileges, or immunities secured or protected

Examples of such acts include: Lying on official documentation in order to make an arrest, order a warrant, or prosecute a case. Excessive use of force. Coercion to perform sexual acts.

Disenfranchise Definition & Meaning - Merriam-Webster.

Color of law refers to the appearance of legal authority or an apparently legal right that may not exist. The term is often used to describe the abuse of power under the guise of state authority, and is therefore illegal.

An example of a color of law violation is police misconduct. The most common forms of police misconduct include unlawful arrest, racial profiling, and excessive use of force.

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.

Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.

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Deprivation of Civil Rights