All Government Officials can be Sued for Actions Outside their Authority

We have the court saying that restrictions unrelated to the crime are unconstitutional, and if that is so for the court then it would also follow through that it is unconstitutional for the parole and probation department to impose them. It would also follow through that it is unconstitutional to pass laws imposing them. For example residency restrictions against a person who is involved in child pornography, or for that matter, a person involved in incest. Residency restrictions would only seem to apply to people who were strangers to the victim.
http://www.sfgate.com/bayarea/article/Court-Sex-offender-law-unfairly-restrictive-3261045.php

Remember the recent Supreme Court decision http://jurist.org/paperchase/2013/03/supreme-court-rules-for-pro-se-prisoner-in-sovereign-immunity-case.php That basically said that any official of the government, who steps outside his legal boundaries, can bring about a suit against the organization that he represents. In other words, if the parole officer steps outside his boundaries in ordering something that is unrelated to the crime then not only he can be sued but all the organizations that he represents, all the way up through the state or federal government

Remember having a restriction on a person is denying them a portion of their liberty. And if it is done without proper need to do so then it opens up the door for a constitutional tort and by filing a USC 1983 action. The minimum damages that you can receive $10,000 per defendant and organization. Let’s say it was a parole officer who authorized these restrictions, that would mean that you could sue the parole officer, his supervisor, their local department, the supervisor for the local department at the state level, and the state level department,all the way up through the governor of the state whose responsibility is for all departments under him and you can sue them in both their personal capacity and their official capacity. Easily running the damages up to a couple hundred thousand dollars.

The other thing that hasn’t been brought up yet is the fact that not only can they be sued, but they can be charged with a federal crime under Title 18, U.S.C., Section 241 Conspiracy Against Rights and  Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law

Under section 242 it lays out quite plainly who can be held accountable for the attempt to deprive a citizen of their rights. This would include individual legislators and city Council members etc. who pass laws with the intent to deprive a citizen of their constitutionally protected rights.

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than  those prescribed for punishment of citizens

“Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority,  but also acts done without and beyond the bounds of their lawful authority;  provided that, in order for unlawful acts of any official to be done under  “color of any law,” the unlawful acts must be done while such official is  purporting or pretending to act in the performance of his/her official  duties. This definition includes, in addition to law enforcement officials,  individuals such as Mayors, Council persons, Judges, Nursing Home  Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.”

9 comments for “All Government Officials can be Sued for Actions Outside their Authority

  1. Erick David
    April 19, 2016 at 4:02 pm

    I was a victim of such abuse bye a probation department in Colorado Springs co. I was convicted at trial of a deli you sex offense on a child. I was sentenced too a 5 year DOC sentence which started in 1999 and ended in 2004,very little earned time due to not getting full amount cause not admitting to crime and not doing treatment. Upon release I had a lifetime registration but was not on parole/probation,pre 1996 Colorado law,it’s much worse now. I picked up a possession of marijuana w/intent in 2008,large amounts are still illegal in Colorado. I received a 2.5 year probation for said marijuana charge but was ” picked up” bye violent offender/sexoffender probation department of Adams county Colorado at which time numerous unrelated restrictions were imposed upon me. I was forced into sex offender treatment which I completed in barely over a year. Was forced too call PO on daily basis to confirm whereabouts and give prior to a log of where I’d “like” to go. I was not allowed to even go through a drive through. At the time both of my older children were over 18 but months prior to being placed on sex offender probation my wife and I got pregnant w/our first and only child. Upon entering into so probation I informed Walter Vanni , my po, that we were expecting at which time he informed me that I would not be done w/treatment in time for the delivery and that I would not be allowed to see my daughter til I indeed finished my treatment. Remember this is after I had been released from prison for 5 years w/zero restrictions raised my kids married payed taxes registered voted the only crime since 1996 was a marijuana charge. I was treated like I had just received my original sex offense w/no relief. If I indeed can sue I would truly appreciate some words/lawyer of advice or if anyone knows someone in Colorado to deal w/regarding these sorts of things please LMK. Also trying to figure out this lifetime registration BS. Any options available please again LMK. Thank you ,

  2. Erick David
    April 19, 2016 at 4:07 pm

    Just to clear up marijuana charge originated in Adams county which is north of Denver. The judge allowed for transfer to El Paso county,Colorado Springs which Adams county probation said no too so had to fight that as well. Was eventually allowed to move probation after legal fight w/probation dept. Still Adams county got involved and harassed me through proxy. Actually had great po in El Paso county but was told bye him that Adams county wanted me back so could violate me. Dirty.

  3. LJ77
    April 20, 2016 at 1:11 pm

    Truth is, that may be the law, but finding an attorney to represent you is a joke. Sure if you have ten grand laying around, just to start. Most of us are lucky to eat. I have every illegal condition you can imagine. Even Janice at RSOL told me to just accept it and it will be better for me mentally. In my life, I should have come to expect injustice. It has been the norm for me since I can remember. I would love to sue these (enter profanity here), but it is just not realistic. I sure can’t file and research everything. I get reprimanded for going to Circle K for a hot dog. You think they will let me go to the law library? Hahahaha! Not to mention I have Parkinson’s. Writing is difficult to say the least. If not for Dragon Speaking I wouldn’t write anything. That in itself is a chore for me. Look, I am glad that people are sharing this information, I just don’t want anyone to get any false hopes of resolving their issues with Parole or Probation.

  4. Paul
    April 20, 2016 at 2:42 pm

    While I appreciate the idealism of this post and the court citing, it would be practically impossible to win any kind of judgment, let alone strike a settlement with a probation officer. Courts basically see probation officers and their jobs as an extension of what the DOJ does and consequently, they are basically able to do almost anything they please to us. What is considered a “reasonable condition” is practically anything since judges rarely if ever question the wisdom of probation officers. In the federal system, one’s treatment program lasts as long as they are on supervised release. Therefore, if someone is on supervised release for life, they remain in treatment for life. You think this can be challenged in court? Not a chance.

    • Paul
      April 20, 2016 at 3:17 pm

      And there’s this little thing called qualified immunity, which almost always gives them free reign to do anything they want.

      • LJ77
        April 21, 2016 at 9:09 pm

        Well that is not true. There was a recent case ib NY supreme court where the judge ruled department parole can not be given immunity due to the control they exercise over parolees lives. It was in July of 2015 I beleieve. Case was like ABC vs. DEF . Anyway it isn’t impossible, if you have money.

        • Paul
          April 22, 2016 at 2:59 pm

          There you go, if you have money. I would have been shocked if you had showed me a federal case. Thanks for sharing the New York case. Is this the only case you know of?

          • Paul
            April 22, 2016 at 3:22 pm

            I guess the federal case would be the one Robert mentioned in his post. I’m glad to know at least one state court has enforced that ruling. Hopefully there will be others (though I am others a doubter when it comes to being optimistic about how RSO’s are treated in the courts)

  5. Spyder
    May 1, 2016 at 6:26 am

    I have wondered if there is ANYONE that could be sued for classifying someone as a Predator under defamation of character/libel if the person being labeled as this is not habitual, not a diagnosed pedo, their assessments are zero to low risk, and they have lived a law abiding life since conviction.

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