Untitled Document

General Information on Civil Rights Act

The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs. A person who enters property under the authority of law but who then by misconduct abuses his or her right to be on the property is considered a trespasser ab initio. If a sheriff enters property under the authority of a court order requiring him to seize a valuable painting, but instead he takes an expensive marble sculpture, he...

TITLE 15 > CHAPTER 22 > SUBCHAPTER III > § 1122

§ 1122. Liability of United States and States, and instrumentalities and officials thereof

(a) Waiver of sovereign immunity by the United States

The United States , all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States , shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this chapter.

(b) Waiver of sovereign immunity by States

Any State, instrumentality of a State or any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity for any violation under this chapter.

In a suit described in subsection (a) or (b) of this section for a violation described therein, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any person other than the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or a State, instrumentality of a State, or officer or employee of a State or instrumentality of a State acting in his or her official capacity. Such remedies include injunctive relief under section 1116 of this title, actual damages, profits, costs and attorney's fees under section 1117 of this title, destruction of infringing articles under section 1118 of this title, the remedies provided for under sections 1114, 1119, 1120, 1124 and 1125 of this title, and for any other remedies provided under this chapter.

TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

Sec. 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia .

President, Vice President and all civil officers of the United States , shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

THE ONLY PERSONS WHO HAVE LIMITED IMMUNITY is Senators and Representatives, coming and going and while in session, and that is limited. If they commit Treason, Felony and Breach of the Peace, they maybe arrested in session.

Marbury v. Madison , 1 Cranch 137, 177, that "It is emphatically the province and duty of the judicial department to say what the law is." Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, "to support this Constitution."...

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=343&invol=747

What is perhaps even more noteworthy is its pervasive disregard in practice by those who as law officers owe special obedience to law . What is true of the federal Act against wiretapping and its violations is widely true of related state legislation and its disobedience. See Westin, The Wire-Tapping Problem, 52 Col. L. Rev. 165 (1952). Few sociological generalizations are more valid than that lawlessness begets lawlessness.

--- In family_rights_radio@yahoogroups.com , "margot malpher" <margotkm@...> wrote:
>
> PJ, add to your 2 excuses: a warrantless search with exigent circumstances
> is allowable or may be allowable under the law. Margot Ref: Federal Law
> "Police Misconduct and Civil Rights.
>
>
would like to tell you how I feel about the abuse of power by Sen. Clinton!

We are sick as hell of her bull crap! She can have a social worker in every home starting with hers!!!

You keep the communist to you're state! Our Sen.'s in California are the ugliest women I have ever seen, and they did vote for the Patriot act like Clinton also, which makes them all IMPEACHABLE!

She had John Murtari arrested for using his 1st amendment right!

Hillary Clinton will ruin this country with her neo-communist agenda.

Category: Top Story Posted 2 months, 1 week ago by Hill Truth
A James R. Bourke of Normal , IL . is one citizen who truly understands Hillary Clinton and what her communist-socialist vision of America is all about:

Her husband was a failure and she's a apparent Communist!

There are TWO lawfully excusable conditions for seizing, searching any property or person:

a) A warrant of the law, or

b) first-hand observation of a felony being committed.

TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

Sec. 1983. Civil action for deprivation of rights

in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia .

• false arrest and fabrication of evidence;

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.

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.

We have to vote a vote of no confidence in our politicians who voted to over throw our form of Constitutional Government, which is an instant removal from office.

Dereliction of Duty, disloyalty and having struck against the Government!

Title 42, U.S.C., Section 14141
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 laws of the United States . This law is commonly referred to as the Police Misconduct Statute. This law gives DOJ the authority to seek civil remedies in cases where it is determined that law enforcement agencies have policies or practices which 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:

a. Lack of supervision/monitoring of officers' actions.

b. Officers not providing justification or reporting incidents involving the use of force.

c. Lack of, or improper training of officers.

d. A department having a citizen complaint process which treats complainants as adversaries.

e. Excessive Force

f. Discriminatory Harassment

g. False Arrest

h. Coercive Sexual Conduct

i. Unlawful Stops, Searches, or Arrests

TITLE 15 > CHAPTER 22 > SUBCHAPTER III > § 1122

§ 1122. Liability of United States and States, and instrumentalities and officials thereof

(a) Waiver of sovereign immunity by the United States

(b) Waiver of sovereign immunity by States

TITLE 42 > CHAPTER 126 > SUBCHAPTER IV > § 12202

§ 12202. State immunity

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in [1] Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

The Bill of Rights:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State , the right of the people to keep and bear Arms, shall not be infringed.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States , than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State .

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13 th amendment.

Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States , or any place subject to their jurisdiction.

Section 2.

Congress shall have power to enforce this article by appropriate legislation.

NO State law.

NO state statute.

NO state ordinance.

NO state regulation.

NO state custom.

NO state usage.

NO state Policy.

NO state doctrine.

TITLE 28 > PART IV> CHAPTER 85 > § 1343 . To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;

Walsh vs. Erie

"Despite the Defendants' exaggerated view of their powers, the Fourth Amendment applies to them, as it does to all other officers and agents of the state whose requests to enter, however benign or well-intentioned, are met by a closed door. There is...no social worker exception to the strictures of the Fourth Amendment. ...Any agency that expects to send its employees routinely into private homes has a fundamental obligation to ensure that those employees understand the constitutional limits on their authority."

TITLE 42 > Title V § 12103

PROHIBITION AGAINST RETALIATION AND COERCION

SEC. 12203. [Section 503]

(a) Retaliation. - No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

(b) Interference, coercion, or intimidation. - It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.

(c) Remedies and procedures. - The remedies and procedures available under sections 12117, 12133, and 12188 of this title [sections 107, 203 and 308] shall be available to aggrieved persons for violations of subsections (a) and (b) of this section, with respect to subchapter I, subchapter II and subchapter III, respectively, of this chapter [title I, title II and title III, respectively].

No person shall discriminate against any individual because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

I demand remedy! Both in LAW AND EQUITY!

It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual. EXPLAIN:

Remedies and procedures. I demand remedy! Both in LAW AND EQUITY! EXPLAIN:

Adamson v. California June 23, 1947., The first ten amendments were proposed and adopted largely because of fear that Government might unduly interfere with prized individual liberties. The people wanted and demanded a Bill of Rights written into their Constitution. The amendments embodying the Bill of Rights were intended to curb all branches of the Federal Government in the fields touched by the amendments -- Legislative, Executive, and Judicial. The Fifth, Sixth, and Eighth Amendment s were pointedly aimed at confining exercise of power by courts.

Puckett v. Cox & Gideon v. Wainwright

http://www.caught.net/prose/immunity.htm

TITLE 28 > PART II > CHAPTER 40 > § 595 15 day notice of impeachment

TITLE 18 > PART I > CHAPTER 13 > § 241

Sec. 241. Conspiracy against rights

TITLE 18 > PART I > CHAPTER 13 > § 242

§ 242. Deprivation of rights under color of law

TITLE 18 > PART I > CHAPTER 13 > § 245

TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART I--CRIMES CHAPTER 13--CIVIL RIGHTS

Sec. 245. Federally protected activities

TITLE 18 > PART I > CHAPTER 109 > § 2236

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES CHAPTER 109--SEARCHES AND SEIZURES

Sec. 2236. Searches without warrant

Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined for a first offense not more than $1,000; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to any person--

(a) serving a warrant of arrest; or

(b) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or

TITLE 18 > PART I > CHAPTER 93 > § 1918 Disloyalty and asserting the right to strike against the Government

Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—

(1) advocates the overthrow of our constitutional form of government;

(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;

(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia ; or

(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia;

shall be fined under this title or imprisoned not more than one year and a day, or both.

The People of these United States are the rightful masters of both congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the constitution.

Sept 17, 1859

Complete works of Abraham Lincoln

Since you're Sen. Clinton has asserted to strike against the Constitutional Form of government for voting for the Patriot Act, she is impeachable as is every other person who voted for such an overthrow of the government!