Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Under color of authority


Related Topics

  
  The Avalon Project : Court Cases Involving Native Americans
Under the first paragraph they certainly are-that is, if an Indian can be entitled to it at all-because they are in custody of a federal officer, under color of authority of the United States.
And they may be entitled to the writ under the other paragraph, before recited, for the reason, as they allege, that they are restrained of liberty in violation of a provision of their treaty, before referred to.
Being restrained of liberty under color of authority of t the United States, and in violation of the laws thereof, the relators must be discharged from custody, and it is so ordered.
www.yale.edu /lawweb/avalon/ntreaty/ncase001.htm   (3579 words)

  
 [No title]
Under color of authority and office he is also responsible for the DEA, Does 1-10 and Does 11-20 entities, acting individually and in concert with one another as support therein pursuant to Article II of the Constitution.
Also, under color of authority of office, Defendant Bush shall appoint judges of the Supreme Court and other officers of the United States, whose appointment is not otherwise provided for and established by law under Article I of the Constitution.
The overthrow would be done under the color and cover of law and by covertly influencing the voters until the CIA had enough votes to place their people in the needed key positions.
www.mindcontrolforums.com /v/complaint-racketeer-influence8.12.03.doc   (12698 words)

  
 THE UNITED STATES DISTRICT COURT   (Site not responding. Last check: 2007-10-15)
That semblance or presumption of authority sustaining the acts of a public officer which is derived from his apparent title to the office or from a writ or other process in his hands apparently valid and regular.
An act under color of office is an act of an officer who claims authority to do the act by reason of his office when the office does not confer on him any such authority.
Though, under rule 2, Federal Rules of Civil Procedure, 28 U.S.C.A. all distinctions as to form between actions at law and suits in equity have been abolished, the difference in substance in federal judicial power between law and equity is imbedded in the constitution and remain unaltered.
sheriffsteve.www6.50megs.com /97N1501.html   (12441 words)

  
 The Decision in the Standing Bear Case
That General George Cook, the respondent, being the commander of the military department of the Platte, has the custody of the relators [the Poncas] under color of authority of the United States, and in violation of the laws thereof.
That no rightful authority exists for removing by force any of the relators to the Indian Territory, as the respondent has been directed to do.
Being restrained of liberty under color of authority of the United States, and in violation of the laws thereof, the relators must be discharged from custody, and it is so ordered."
www.nebraskastudies.org /0600/stories/0601_0108.html   (232 words)

  
 Mattox Opinion No. JM-989
Insofar as is pertinent to your inquiry, Preslar held that the Chief Justice of the Supreme Court of Texas lacks the authority to assign a retired judge to sit as a visiting judge within the administrative region of his residence absent the special circumstances enumerated in section 74.049 of the Government Code.
The doctrine of officers de facto was created as a matter of public policy to protect both an officer appointed by some power having 'color' of authority to appoint him and the public relying on the validity of that appointment.
The designation of 'de facto officer' may attach to one who holds office under color of an appointment that is subsequently invalidated on the grounds that the appointee was ineligible.
www.oag.state.tx.us /opinions/op47mattox/jm-0989.htm   (1053 words)

  
 Karl Hess Club: March 2005
All statutes regarding police failure to protect are irrelevant because the police authority is being used under color of authority to commit a felony crime.
Judge Greer's authority -- the question the judge had the authority to decide -- extended only to the question of who was rightfully authorized to make medical decisions for Terri Schiavo and specifically whether the gastric tube could legally be removed by order of her legal guardian.
Anything preventing her well-being beyond that medical decision is abuse of power under color of authority and is felonious.
karlhessclub.blogspot.com /2005_03_01_karlhessclub_archive.html   (2030 words)

  
 Direct Challenge to Personal Authority
By cross-referencing to the delegation of authority to issue summonses, it appears that all IRS personnel authorized to issue summonses are under the Assistant Commissioner (International).
Umbrella grievances are that Internal Revenue Service personnel are operating under color of authority of Government of the United States and that by either exceeding or refusing to fulfill duties imposed by law, they abridge or threaten to abridge substantive and procedural due process rights.
Where IRS personnel operate under color of authority of the United States when in reality they are agents of a government foreign to the United States, offenses may be construed as treason and conspiracy to commit treason.
www.commonlawvenue.com /Paperwork/DirectChallenge2PersonalAuthority.htm   (1732 words)

  
 97-1028. Farm Bureau Policy Holders et al. v. Fa...
The basis of this motion is the contention that Judge Lawrence Dawson did not have the authority to extend the time for filing the record on appeal.
Based upon this lack of authority, appellees claim that such filing of the record is outside of time prescribed by Rule 5(a) of the Arkansas Rules of Appellate Procedure--Civil and is untimely.
Although his authority over the case at hand was defective, he was a duly authorized chancellor.
courts.state.ar.us /opinions/1997b/971023/97-1028.html   (765 words)

  
 Under color of authority - Wikipedia, the free encyclopedia
Wikimedia needs your help in its 21-day fund drive.
Over US$140,000 has been donated since the drive began on 19 August.
Under color of authority is a legal phrase indicating a person is claiming or implying the acts he or she is committing are related to and legitimized by his or her role as an agent of governmental power.
en.wikipedia.org /wiki/Under_color_of_authority   (103 words)

  
 R. I. C. O. LAWSUIT AGAINST G. W. BUSH
Venue is proper in this court pursuant to 18 U.S.C. Section 1965 (a) because defendants reside, are found, operate under color of authority or office, have an agent, or connected with or related to the aforesaid, or transact affairs in this district.
These evil crimes are being committed under the cover and color of law in the name of justice and are being done remotely and electronically after performing secret medical procedures on Claimant Schlund and all of his witnesses.
To the extent available under federal law, Claimant Schlund is entitled to recover punitive damages in an amount sufficient to punish the individual(s) and Defendant USA in order to deter similar despicable conduct in the future in an amount according to proof under Federal law and/or applying state law pursuant to Thompson.Bettor-Bit Aluminum Prod.
www.apfn.org /apfn/RICO_bush.htm   (10386 words)

  
 HABEAS CORPUS
It is appropriate proceeding for determining whether one held under an extradition warrant is a fugitive from justice, and he should be discharged if he shows by competent evidence, overcoming the presumptions of a properly issued warrant, that he is not a fugitive from the demanding state: Illinois v.
Prohibited, under the penalty of five hundred pounds, the reimprisoning for the same offence of any person set at large on habeas corpus except by the legal order and process of such court wherein such prisoner was bound by recognizance to appear, or other court having jurisdiction of the cause.
The child being detained from the father, its natural guardian and protector, without authority of law, the writ of habeas corpus ad subjiciendum is his appropriate legal remedy for its restoration to him from its present illegal detention and restraint; Constitution United States, art.
www.californian.lbduk.org /habeas_corpus.htm   (5460 words)

  
 CAO - Chapter 5-5, B.R.C. 1981   (Site not responding. Last check: 2007-10-15)
A police officer acts “under color of official authority” when, in the regular course of assigned duties, such officer is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made.
(b)It is a specific defense to prosecution under this section that the benefit received by the accused did not exceed an amount that the accused reasonably believed to be due as restitution or indemnification for such accused for the damage caused by the violation.
No person shall break or open any pound, pen, corral or other enclosure in which any animal is impounded under the provisions of this code or other ordinance of the city or take any animal from such place without permission from the city manager after payment of all applicable fees.
www.ci.boulder.co.us /cao/brc/5-5.html   (1771 words)

  
 Dissecting Reno's Justice Department
Q: I have been using a phrase for a decade that is "abuse of power under the color of authority" and you do a superb job in your book of documenting how the Clinton regime pretty much adopted that as their standard operating procedure.
Because he was acting, so called, under color of law when he fired those shots.
When an independent counsel is appointed under the Act, he stands in the shoes of the attorney general.
www.geoffmetcalf.com /qa/23281.html   (4556 words)

  
 NOTICE  OF RECISSION
You are under judicial notice that a lawful Habeas Corpus is being filed in a lawful court of equity in order that I may regain my child.
Said respondent’s using color of law, under color of authority, are clothing themselves under law in which to fraudulently force me into jeopardy of unlawful trial, being kept ignorant of any fact, of which I can be informed of in which to defend myself against the alleged charges.
Further, I declare under penalty of perjury knowing the laws thereof within the State of California that the foregoing is true and correct and that these documents were served by me personally as stated above and/or mailed and sealed as stated above within the California Republic.
www.lbduk.org /notice__of_recission.htm   (4422 words)

  
 [No title]
He is being sued in his personal capacity, while acting under color of federal authority.
She is being sued in her personal capacity, while acting under color of federal authority.
Rather, Plaintiff Conrad merely acquiesced to the agents' claim of lawful authority and/or was coerced by threats that, if she failed to cooperate, the FBI would break down her door and search her and Plaintiff Trulock's home, in the presence of the media and local police.
www.judicialwatch.org /cases/59/trulockcomp.htm   (3555 words)

  
 Extortion And Conspiracy Under Color Of Authority [Free Republic]
Extortion And Conspiracy Under Color Of Authority [Free Republic]
These types of acts are known as "Abuse Of Power Under Color Of Authority".
Inside the front jacket of the book: "He writes: 'The Fourteenth Amendment is the case study par excellence [on the] continuing revision of the Constitution under the guise of interpretation.'" For more information on Prof.
www.freerepublic.com /forum/a38e589094226.htm   (2168 words)

  
 LAWstyle
Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by a fine not exceeding ten thousand dollars ($ 10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment.
An officer is acting under "color of authority" when he is performing an act that is made possible only because he is clothed
with the authority of law, or when he is acting under pretense of law.
www.clas.ufl.edu /users/creed/Law/CaseStudy--DonovanJacksonRules.html   (4848 words)

  
 CNN.com - Jury in police beating case to reconvene Tuesday - Jul. 28, 2003
Jeremy Morse is charged with one count of assault under color of authority.
Jeremy Morse, who was fired from the Inglewood Police Department after three years on the job, faces one count of assault under color of authority.
Terms under which this service is provided to you.
www.cnn.com /2003/LAW/07/28/police.video.trial   (433 words)

  
 Utah State University
ment or under color of authority as such.
Any person, organization, trustee or estate while using an owned automobile or a hired automobile as authorized by the University, provided the actual operation or it other actual use is within the scope of such authorization.
Any employee of the University, as defined in Utah code 63-30-2(2) or Utah Code 67-20-3, while using a personal automobile, but only while such automobile is being used during the performance of duties, within the scope of employment or under color of authority as an employee of the University.
www.usu.edu /riskmgt/liability.html   (281 words)

  
 Rule 10, Arkansas Rules of Criminal Procedure   (Site not responding. Last check: 2007-10-15)
(b) "Seizure" means the taking of any person or thing or the obtaining of information by an officer pursuant to a search or under other color of authority.
(d) "Officer" means a law enforcement officer or other person acting under color of authority to search and seize.
(h) "Reasonable cause to believe" means a basis for belief in the existence of facts which, in view of the circumstances under and purposes for which the standard is applied, is substantial, objective, and sufficient to satisfy applicable constitutional requirements.
courts.state.ar.us /rules/crimpro10.html   (248 words)

  
 Abuse of Power; Under The Color of Authority   (Site not responding. Last check: 2007-10-15)
Abuse of Power; Under The Color of Authority
He is a good guy with a fascinating story and about to become another victim of abuse of power under the color of authority.
I confess to mixed feelings of pride and guilt over the Banister story.
www.cptexas.org /gm112503.shtml   (898 words)

  
 Annotated Constitution pg 820
633 (removal of civil and criminal actions against federal officers on account of acts done under the revenue laws), both of which grew out of disputes arising when certain States attempted to nullify federal laws, and the Act of March 3, 1863, Sec.
756 (removal of civil and criminal actions against federal officers for acts done during the existence of the Civil War under color of federal authority).
California, 489 U.S. 121 (1989), the Court held that the statute authorized federal officer removal only when the defendant avers a federal defense.
www.eco.freedom.org /ac92/ac92pg0820.shtml   (367 words)

  
 Ex-Rampart Officer Pleads Not Guilty to Beating Gang Member
Cohan, 31, is accused of using a flashlight to beat 18th Street gang member Gabriel Aguirre during an arrest on March 26, 1998, then filing a false police report stating Aguirre was injured while fleeing from police and resisting arrest.
Cohan is charged with assault with a deadly weapon, perjury, filing a false police report, assault under the color of authority, and conspiracy.
In deals with the District Attorney’s Office, Mesina received immunity, Chavez pled no contest to assault under color of authority, and Gomez pled no contest to filing a false police report.
www.metnews.com /articles/LAPD031202.htm   (730 words)

  
 The LongBow Papers
4:34 AM As surely you have noticed over the past few days, my mind, heart and soul has been strangely gripped by the abuse under the Color of Authority perpetrated by American soldiers at the infamous prison named Abu Ghraib.
Since the seeds of unwarranted violence upon living flesh lies in the center of us all, waiting to come out under all of the wrong conditions, I no longer puzzle over its sudden appearance in otherwise mundane lives.
It starts from the very beginning, and it does usually start with nakedness and body searches and communal showers under the glare of guards who soon direct you to a laundry stack and a prison “uniform” becomes your attire for years.
josephbosco.com /2004/05/my-turn.html   (1186 words)

  
 TwistedBadge.com - Looking behind the badge   (Site not responding. Last check: 2007-10-15)
                The jurisdiction of this case is invoked pursuant to 28 U.S.C. Section 1343, in that it arises under 42 U.S.C. Section 1981, 1983, 1985 and 1986, statutes of the United States.
Taylor under surveillance, and subsequent to said surveillance met with two Brea Police officers (Candidate Winder’s former subordinates), Councilman(Incumbent Candidate) Emil Mark Schwing, and willfully and knowingly participated in the creation of a Police report against Plaintiff.
                This investigation, orchestrated by candidates, sitting city council members and police officers, under color of authority, approximately fully active two weeks prior to the election, along with the publicity that was attached to it, was orchestrated to effectively still any chance Plaintiff had of prevailing in the November 2000 election.
www.twistedbadge.com /feature_yorba_51.htm   (2056 words)

  
 In Kyle's Own Words for Jasper County Justice and Other Fantasies
The bottom line is that the guardianship which was established over my mother on February 20, 2001, by Judge McGraw was legally unnecessary and contained numerous conditions which were diametrically opposed to my mother ’s wishes, and which violated both my mother ’s and my constitutional and civil rights.
The Guardian/successor Trustee appointed by Judge McGraw, Richard Comingore, happens to be President of the Rensselaer City Council.
My mother died February 01, 2003, under suspicious circumstances which may have included a head injury from a fall (incurred during a physical fight with her Guardian, Richard Comingore, according to hospital staff).
www.jaspercountyjustice.us /kyles_words.htm   (1953 words)

  
 DVD Talk Forum - Place your bets on outcome of taped beating trial involving white officer
The verdict, reached less than an hour into the jury's fourth day of deliberations, was to be read in the afternoon.
Former Inglewood officer Jeremy Morse, 25, is charged assault under color of authority in the arrest of Donovan Jackson, then 16, at a gas station last July.
A bystander videotaped part of the arrest, Morse's former partner, Officer Bijan Darvish, 26, is charged with filing a false police report about the incident.
www.dvdtalk.com /forum/printthread.php?t=308134&pp=40   (659 words)

  
 Moviefone: Highlander: Under Color of Authority Movie
GEOS » Highlander » Season Two » Under Color of Authority.
GEOS » Highlander » Season Two » Under Color of Authority » Member Comments.
Highlander: Under Color of Authority Highlander: Unholy Alliance, Part 1...
movies.aol.com /movie/main.adp?mid=1242013   (266 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.