Color of law definition

Color of law means a person is using or acting upon authority given to him or her by a local, state, or federal government agency. Persons acting under color of law within the meaning of this statute include police officers, prison guards, and other law enforcement officials who are on-duty. A private-duty security guard who is not a law enforcement agent at the time of incident shall not be deemed to be acting under the color of law.
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Color of law means the appearance or semblance without the substance of legal right. "Color of law" usually implies a misuse of power made possible only because the wrongdoer is clothed with the authority of the state. In the context of civil rights statutes or criminal law "color of law" and "state action" are synonymous. FSM v. Tipingeni, 19 FSM R. 439, 445 (Chk. 2014).
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Color of law. A Federal Crime 42 U.S.C. §1983 provides that every person acting under the “color of law” who causes any United States citizen to be deprived of any Constitutional rights shall be liable to the party injured. “Color of law” involves actions taken that superficially appear to be within an individual’s lawful power, but are actually in contravention of the law. Acting under “color of law” is misuse of power, since it involves acting under real or apparent government authority by people who misuse their authority to violate rights guaranteed by federal law. Depriving a person of his or her federal civil rights under color of law is illegal and grounds for a cause of legal action. “To support its defense, the City ignored that defendant Xxxxxx had lied repeatedly about the status of the Gift Fund as it existed in late 2009, according to legal documents.” The City acted under the color of law when it deprived Xx. Xxxx of his First Amendment rights to freedom of speech. He was terminated, in part, because he had spoken out on various matters of public concern; he had spoken as a private citizen, not as a public employee; and his protected speech was a substantial or motivating factor in the City’s termination of him. By reaching a settlement agreement with Xxxx for monetary and non-monetary damages, the City has effectively acknowledged that Xxxxx, Xxxxxx, and Xxxx had engaged in misuse of power and misuse of their authority, depriving Xxxx of his Federal civil rights. Despite this, Xxxxx and Xxxxxx are still employed at Laguna Honda Hospital, while Xx. Xxxx suddenly and mysteriously vanished. Xxxx abruptly moved to Los Angeles after the LHH patient gift fund scandal exploded, and after Xxxx and Xxxxxx had filed their complaints about tainted DPH contracts. Xxxx’x sudden departure may have been coincidental, but it was completely odd, given he had previously stated he wanted to remain as Director of Public Health until the rebuild of the new San Francisco General Hospital was completed. It’s unknown whether the City Attorney, or other City Hall Family insiders, had advised Xxxx to quickly resign when the issue of his HMA consulting fees income became widely known. During the Board of Supervisor’s Rules Committee meeting on March 7, 2013 at which it recommended approval of Xx. Xxxx’x settlement agreement, Xx. Xxxxxx testified, “What is the message you send when a CEO [such as Xxxxxx] who retaliated against a “By reaching a settlement agreement with Xxxx for mone...
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Examples of Color of law in a sentence

  • Color of law means that the person doing the act is using power given to him or her by a governmental agency.

  • Color of law means “pretense of law,” and it does not necessarily mean under authority of law.

  • Failing to properly care for vehicles and other equipment used wherein damage results from carelessness or neglect; On Duty/Off Duty – Color of law 4:(6) LEAVING ASSIGNED AREAMembers shall remain within the boundaries of their assignment except when specifically authorized by their supervisor, radio dispatcher, or in hot pursuit.

  • Who is now imposing imprisonment on Claimant for traffic infractions which are Color of law class C Misdemeanors that ARE NOT JAILABLE OFFENSES, AND WARRANTS THAT ARE NOT LAWFUL FOURTH (4th) AMENDMENT WARRANTS.

  • CMSP County Medical Services Program Color of law See PRUCOL Communal dining facility (FS) A public or private nonprofit establishment approved by FNS which prepares and serves meals for elderly persons or for Supplemental Security Income (SSI) recipients and their spouses.

  • Color of law was to have been used in the interim -- ONLY until the insurrection was impeded and the People of the Southern States could reestablish LOYAL State governments in Union and then elect Congressional officers that would represent them and who would operate lawfully under the Constitution.

  • PHC requires that providers document the request or refusal of language/interpreter services by members with LEP in their medical records.

  • Color of law – acting under an appearance of authority where no such legal authority exists.


More Definitions of Color of law

Color of law means the appearance or semblance without the substance of legal right. Misuse of power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state is action taken under "color of state law." FSM v. GMP Hawaii, Inc., 16 FSM R. 479, 483 n.3 (Pon. 2009).
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Color of law simply means that a person in a government official capacity, who holds the authority to implement the law, commits an illegal action under the appearance of authority, which exceeds such authority. Specifically, it is a violation of federal law for a lawful process to be perverted or used by a civil servant for an illicit purpose to intimidate, unduly burden, or harm another.
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Related to Color of law

  • Requirement of Law means, as to any Person, the Certificate of Incorporation and By-Laws or other organizational or governing documents of such Person, and any law, treaty, rule or regulation or determination of an arbitrator or a court or other Governmental Authority, in each case applicable to or binding upon such Person or any of its property or to which such Person or any of its property is subject.

  • Change of Law shall have the meaning set forth in Section 8.02.

  • Cookie Law means the relevant parts of the Privacy and Electronic

  • Canon Law means the Canon Law of the Catholic Church from time to time in force and if any question arises as to the interpretation of Canon Law, this shall be determined exclusively by the Diocesan Bishop;

  • Law means any law, statute, ordinance, code, rule, regulation, order, writ, proclamation, judgment, injunction or decree of any Governmental Authority.

  • Requirements of Law means, as to any Person, any law, statute, treaty, rule, regulation, right, privilege, qualification, license or franchise or determination of an arbitrator or a court or other Governmental Authority or stock exchange, in each case applicable or binding upon such Person or any of its property or to which such Person or any of its property is subject or pertaining to any or all of the transactions contemplated or referred to herein.

  • Competent Court of Law means any court or tribunal or any similar judicial or quasi- judicial body in India that has jurisdiction to adjudicate upon issues relating to this Agreement;

  • Constitution means the Constitution of the Republic of South Africa, 1996;

  • Legal Requirement means any treaty, convention, statute, law, regulation, ordinance, license, permit, governmental approval, injunction, judgment, order, consent decree or other requirement of any governmental authority, whether federal, state, or local.

  • Organic law means the statute governing the internal affairs of a domestic or foreign corporation or

  • bye-law means a bye-law framed by the corporation under this Act;

  • Corporations Law means the Corporations Law of the Commonwealth of Australia as applying in each State and Territory of Australia;

  • POPI Act means the Protection of Personal Information Act, Act 4 of 2013;

  • State of Incorporation means Delaware.

  • Bail-In Legislation means, with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European Union, the implementing law for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule.

  • AT&T NORTH CAROLINA means the AT&T owned ILEC doing business in North Carolina.

  • Anti-Bribery Law means any bribery, fraud, kickback, or other similar anti-corruption law or regulation to which You are subject in relation to the arrangements contemplated by these Terms (including without limitation the Xxxxxxx Xxx 0000 and the Criminal Finances Act 2017);

  • Counterfeit Part means (1) An unauthorized copy, imitation, substitute, or modified part, which is knowingly misrepresented as a specified genuine part of the manufacturer. (2) Or a previously used Electrical, Electronic, and Electromechanical (EEE) Part which has been modified and is knowingly misrepresented as new without disclosure to the customer that it has been previously used. NOTE 1: Examples of a counterfeit part can include, but are not limited to; the false identification of grade, serial number, date code or performance characteristics. NOTE 2: This definition shall be read so as not to conflict with the definition for “counterfeit electronic part” cited in the Defense Acquisition Regulation Supplement (DFARS) 252.246-7007, where that definition shall govern to the extent that clause applies.

  • Bribery Act means the Bribery Act 2010 and any subordinate legislation made under that Act from time to time together with any guidance or codes of practice issued by the relevant government department concerning this legislation;

  • Environmental, Health or Safety Requirements of Law means all Requirements of Law derived from or relating to foreign, federal, state and local laws or regulations relating to or addressing pollution or protection of the environment, or protection of worker health or safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., in each case including any amendments thereto, any successor statutes, and any regulations or guidance promulgated thereunder, and any state or local equivalent thereof.

  • UK Bribery Act means the United Kingdom Xxxxxxx Xxx 0000.

  • UK Bail-in Legislation means Part I of the United Kingdom Banking Act 2009 and any other law or regulation applicable in the United Kingdom relating to the resolution of unsound or failing banks, investment firms or other financial institutions or their affiliates (otherwise than through liquidation, administration or other insolvency proceedings).

  • Not Domestic Law means any obligation that is not governed by the laws of (A) the relevant Reference Entity, if such Reference Entity is a Sovereign, or (B) the jurisdiction of organisation of the relevant Reference Entity, if such Reference Entity is not a Sovereign.

  • common law SPOUSE means two people who have cohabitated as spousal partners for a period of not less than one (1) year.

  • Laws means, collectively, all international, foreign, federal, state and local statutes, treaties, rules, guidelines, regulations, ordinances, codes and administrative or judicial precedents or authorities, including the interpretation or administration thereof by any Governmental Authority charged with the enforcement, interpretation or administration thereof, and all applicable administrative orders, directed duties, requests, licenses, authorizations and permits of, and agreements with, any Governmental Authority, in each case whether or not having the force of law.

  • Anti-Corruption Law means any Applicable Law relating to anti-bribery or anti-corruption (governmental or commercial), including the Foreign Corrupt Practices Act of 1977, as amended, and any other Applicable Law that prohibits the corrupt payment, offer, promise or authorization of the payment or transfer of anything of value (including gifts or entertainment), directly or indirectly, to any Person, including any Government Official.