Understanding "Color of Law": When Misused Authority Violates Civil Rights

The legal term "color of law" describes situations where government officials, or even private individuals, misuse the power they have because of state law. Essentially, they appear to be acting legally but are actually violating someone's constitutional rights. This concept is central to civil rights laws like 42 U.S.C. § 1983 and 18 U.S.C. § 242.

Key Civil Rights Statutes Using "Color of Law":

• 42 U.S.C. § 1983: Holding State Actors Accountable: This federal law allows individuals to sue for civil rights violations committed by someone acting "under color of" state law, including statutes, ordinances, regulations, customs, or usages. This covers both actions officially authorized by the state and abuses of state authority.
• 18 U.S.C. § 242: Criminal Penalties for Rights Deprivation: This criminal statute makes it a federal crime for anyone acting "under color of any law" to willfully deprive someone of their constitutional or federal rights. This includes actions done under the pretense of law, even if those actions themselves are illegal.

Supreme Court Interpretations of "Color of Law":

The Supreme Court has provided important clarifications on what constitutes acting "under color of law":

• Misuse of Authority: Even if a government official oversteps their legal bounds, their actions can still be considered "under color of law" if they are acting under the "pretense" of their official duties (Screws v. United States).
• Authority Granted by the State: If someone's wrongful actions are only possible because they are "clothed with the authority of state law," it constitutes acting "under color of law" (Williams v. U.S.).
• Appearance of Authority: The term covers both actions authorized by the state and the misuse of state authority, suggesting an outward appearance of legitimate authority (Adickes v. S. H. Kress & Co.).
• Joint Action with Officials: Private individuals can also be held liable under "color of law" if they actively participate in a conspiracy or joint action with state officials to violate someone's rights (Dennis v. Sparks, U. S. v. Price).
• Distinction from Private Actions: Simply calling the police as a private citizen generally does not constitute acting "under color of law" (Lugar v. Edmondson Oil Co., Inc.), as the action must involve knowledge of and pursuit of a state statute.

In Summary:

"Color of law" is a critical legal concept in civil rights law. It applies when government officials or those acting with state authority misuse their power, whether by following the law incorrectly or by acting outside their legal boundaries, and in doing so, violate someone's constitutional rights. This term ensures that individuals are held accountable for abuses of state-derived power.