Under color of law definition

Under color of law generally means that a government agent acts under official authority. See, e.g., United States v. Classic, 313 U.S. 299, 326 (1941) (“Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken ‘under color of’ state law.”). On the other hand, physical restraint is defined as “forcible restraint of the victim such as by being tied, bound, or locked up.” U.S.S.G. § 1B1.1 cmt. n.1(K). For example, in Clayton, the Fifth Circuit concluded that § 3A1.3’s two-level enhancement applied where a police officer “took advantage of [the arrestee’s] restraint and the particular vulnerability of the victim,” because that physical restraint “intensifie[d] the wilfulness, the inexcusableness and reprehensibleness of the crime and hence increase[d] the culpability of the defendant.” United States v. Clayton, 172 F.3d 347, 353 (5th Cir. 1999); see also United States v. Carson, 560 F.3d 566, 588 (6th Cir. 2009) (adopting the Clayton court’s reasoning).7
Under color of law means acts done under any state law, county or city ordinance, or other governmental regulation, and includes acts done according to a custom of some governmental agency. It means that the defendant acted in his official capacity or else claimed to do so, but abused or misused his power by going beyond the bounds of lawful authority. [If a private citizen is charged, substitute the following: A private person acts "under color of law" if that person participates in joint activity with someone that person knows to be a public official.]
Under color of law means the real or purported use of authority provided by law. A person acts “under color of law” when that person acts in his or her official capacity or claims to act in his or her official capacity. Acts committed “under color of law” include not only the actions of officials within the limits of their lawful authority, but also the actions of officials who exceed the limits of their lawful authority while purporting or claiming to act in performance of their official duties.135

Examples of Under color of law in a sentence

  • Under color of law, School Defendants adopted, implemented, and are enforcing the Quarantine Policies.

  • Under color of law, the Town Manager made false promises of reimbursement once §50.016 was enacted, then reneged per §50.014, then abolished §50.016.3 or 4 lots didn’t matter, but Cordwell’s avowal was a lie because, as Fressadi later discovered, because 4 or more lots is a subdivision, and lots that do not comply with the Subdivision Ordinance are not entitled to building permits per §6.3(A).

  • Under color of law, the Zoning Administrator suggested reducing density to eight (8) homes by a series of lot splits in lieu of a subdivision to save time, cost and aggravation.1 Pursuant to the Town’s plan, Lot 211-10-010 was split on December 31, 2001, (MCRD # 2003-0481222).

  • Under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note), is inadmissible.

  • Under color of law, the DEFENDANTS, their agents, employees and servants deprived the PLAINTIFFS of their Fourth, Fifth and Fourteenth Amendment rights to protection from unlawful seizure in the form of unreasonable seizure of their property, Equal Protection and Due Process.

  • Under color of law, the DEFENDANTS deprived PLAINTIFFS of their rights to protection from unlawful search and seizure by falsely charging them criminally and prosecuting PLAINTIFFS pursuant to such criminal statutes, for which there is no evidence or substantiation to support the allegations.

  • Under color of law, Bell, Peter, Caldwell, Irving, Smith, the Investigator Defendants, the Supervisory Defendants, and the City of Durham conspired and entered into express and/or implied agreements, understandings, or meetings of the minds among themselves for the purpose of impeding, hindering, obstructing and defeating the due course of justice in the State of North Carolina, with the intent to deny Plaintiff the equal protection of the laws.

  • Under color of law, Rundle, Scruggs and Fielder, acting individually and in concert, knowingly and intentionally concealed evidence demonstrating that Carey-Shuler had authorized the transfer of $50,000 to Karym, and that MMAP had authorized the transfer of $50,000 to Karym.

  • Under color of law, and having made a custodial arrest, defendants did inflict serious, permanent injuries upon Gates and cause damages to and otherwise violate his federal constitutional and federal civil rights.

  • Under color of law, Defendants CITY and RHEE ratified and acted with deliberate indifference to the unconstitutional acts of HELM, ALESIA, and MARTIN as to Plaintiffs’ deprivations.

More Definitions of Under color of law

Under color of law requirement means that merely private conduct, no matter how discriminatory or wrongful, does

Related to Under color of law

  • Requirement of Law 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.

  • BREACH OF CONTRACTUAL OBLIGATION means amongst others also the following:

  • Contractual Obligation means, as to any Person, any provision of any security issued by such Person or of any agreement, instrument or other undertaking to which such Person is a party or by which it or any of its property is bound.

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

  • Requirements 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 assets or to which such Person or any of its property or assets is subject.

  • Extra Contractual Obligations shall be defined as those liabilities not covered under any other provision of this Contract and that arise from the handling of any claim on business covered hereunder, such liabilities arising because of, but not limited to, the following: failure by the Company to settle within the Policy limit, or by reason of alleged or actual negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the trial of any action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such action.

  • REMIC Change of Law Any proposed, temporary or final regulation, revenue ruling, revenue procedure or other official announcement or interpretation relating to REMICs and the REMIC Provisions issued after the Closing Date.

  • 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;

  • Legal Requirement any federal, state, local, municipal, foreign, international, multinational, or other administrative order, constitution, law, ordinance, principle of common law, regulation, statute, or treaty.

  • Contractual Obligations means, as to any Person, any provision of any security issued by such Person or of any agreement, undertaking, contract, indenture, mortgage, deed of trust or other instrument, document or agreement to which such Person is a party or by which it or any of its Property is bound.

  • IP Ancillary Rights means, with respect to any other Intellectual Property, as applicable, all foreign counterparts to, and all divisionals, reversions, continuations, continuations-in-part, reissues, reexaminations, renewals and extensions of, such Intellectual Property and all income, royalties, proceeds and Liabilities at any time due or payable or asserted under or with respect to any of the foregoing or otherwise with respect to such Intellectual Property, including all rights to sue or recover at law or in equity for any past, present or future infringement, misappropriation, dilution, violation or other impairment thereof, and, in each case, all rights to obtain any other IP Ancillary Right.

  • Ancillary Rights means (i) any and all rights to film, tape, photograph, capture, overhear, collect or record, and to simultaneously or thereafter reproduce, broadcast, transmit or distribute, by any means, process, medium or device, whether or not currently in existence, all images, sounds and electronic data generated during and in connection with the Events, and (ii) any and all copyrights and all other intellectual property and proprietary rights worldwide in and to such images, sounds and electronic data, any recording, broadcast or transmission thereof, and any work derived therefrom, provided, however, that “Ancillary Rights” does not include “Live Broadcast Rights” or rights in or to NASCAR Intellectual Property or Third Party Marks, but shall include rights in or to a live transmission pursuant to a specialty subscription cable package or product of one or more Events (such as pay-per-view or the like).

  • Constituent Documents means, with respect to any Person, collectively and, in each case, together with any modification of any term thereof, (a) the articles of incorporation, certificate of incorporation, constitution or certificate of formation of such Person, (b) the bylaws, operating agreement or joint venture agreement of such Person, (c) any other constitutive, organizational or governing document of such Person, whether or not equivalent, and (d) any other document setting forth the manner of election or duties of the directors, officers or managing members of such Person or the designation, amount or relative rights, limitations and preferences of any Stock of such Person.

  • Contractual Requirement shall have the meaning provided in Section 8.3.

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

  • Governing Documents means, with respect to any Person, the certificate or articles of incorporation, by-laws, or other organizational documents of such Person.

  • Applicable Legal Requirements means any present and future law, act, rule, requirement, order, bylaw, ordinance, regulation, judgment, decree, or injunction of or by any Governmental Authority, and all licenses, permits, tariffs, and other governmental consents, which may at any time be applicable to a Party’s rights and obligations hereunder, including, without limitation, the design, procurement, construction, installation, operation, ownership, maintenance, repair, decommissioning and removal of the PV System on the Premises, as well as the selling and purchasing of power therefrom.

  • Credit Party means the Administrative Agent, the Issuing Bank, the Swingline Lender or any other Lender.

  • Subject Entity means any Person, Persons or Group or any Affiliate or associate of any such Person, Persons or Group.

  • Improper governmental action means any action by a district officer or employee:

  • Material Foreign Subsidiary means, at any date of determination, each of Holdings’ Foreign Subsidiaries that are Restricted Subsidiaries (a) whose total assets at the last day of the most recent Test Period were equal to or greater than 2.5% of Total Assets (excluding assets of Excluded Subsidiaries) at such date or (b) whose gross revenues for such Test Period were equal to or greater than 2.5% of the consolidated gross revenues of the Borrower and its Restricted Subsidiaries for such period (excluding revenues of Excluded Subsidiaries), in each case determined in accordance with GAAP; provided that if, at any time and from time to time after the Closing Date, Foreign Subsidiaries not meeting the thresholds set forth in clause (a) or (b) comprise in the aggregate (together with all other Restricted Subsidiaries that are not Guarantors) more than 5.0% of Total Assets (excluding assets of Excluded Subsidiaries) as of the end of the most recently ended fiscal quarter of the Borrower for which financial statements have been delivered pursuant to Section 6.01 or more than (together with all other Restricted Subsidiaries that are not Guarantors) 5.0% of the consolidated gross revenues of the Borrower and its Restricted Subsidiaries for such Test Period (excluding revenues of Excluded Subsidiaries), then Holdings shall, not later than 45 days after the date by which financial statements for such quarter are required to be delivered pursuant to this Agreement (or such longer period as the Administrative Agent may agree in its reasonable discretion), (i) designate in writing to the Administrative Agent one or more of such Foreign Subsidiaries as “Material Foreign Subsidiaries” to the extent required such that the foregoing condition ceases to be true and (ii) comply with the provisions of the definition of “Collateral and Guarantee Requirement.”

  • Group Member means a member of the Partnership Group.

  • Material Assets means with respect to any Person all Material interests in any kind of property or asset, whether real, personal or mixed, or tangible or intangible.

  • Victim or target of Nazi persecution means any individual persecuted or targeted for persecution by

  • Governing Document means any charter, articles, bylaws, certificate, statement, statutes or similar document adopted, filed or registered in connection with the creation, formation or organization of an entity, and any Contract among all equityholders, partners or members of an entity.

  • foreign fishing vessel means any fishing vessel other than a local fishing vessel;