| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1982 - 1050 páginas
...criminal analogue of § 1983—now codified as 18 USC §242). Actionable deprivations must be based on "'[m]isuse of power, possessed by virtue of state...wrongdoer is clothed with the authority of state law.'" Ibid, (quoting United States v. Classic, 313 US 299, 326 (1941)). See also Screws, supra, at 134 (Rutledge,... | |
| 1976 - 884 páginas
...performed by virtue of a public position under a State or local government or the Federal Government or made possible only because the wrongdoer is clothed with the authority of State or Federal law.4 It will be observed that the statute does not read a person "having color of law,"... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1941 - 694 páginas
...Court. 313 US ballots, to record the result of the count, and to certify the result of the election. Misuse of power, possessed by virtue of state law...state law, is action taken "under color of state law. Ex parte Virginia, 100 US 339, 346; Home Telephone & Telegraph Co. v. Los Angeles, 227 US 278, 287,... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1941 - 694 páginas
...Court. 313 US ballots, to record the result of the count, and to certify the result of the election. Misuse of power, possessed by virtue of state law...state law, is action taken "under color of" state law. Ex parte Virginia, 100 US 339, 346; Home Telephone & Telegraph Co. v. Los Angeles, 227 US 278, 287,... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1946 - 1008 páginas
...and flout or the constitutional prohibition has no meaning." Ex parte Virginia, 100 US 339, 346-347. "Misuse of power, possessed by virtue of state law...state law, is action taken 'under color of state law." United States v. Classic, 313 US 299, 326, citing Ex parte Virginia, supra, and other authorities.... | |
| United States. Congress. Senate. Committee on the Judiciary - 1957 - 956 páginas
...in United States v. Classic (313 US 299, 328, 61 S. Ct. 1031, 1043, 85 L. ed. 1368) ; where we said: 'Misuse of power, possessed by virtue of State law...the authority of State law, is action taken "under the color of State law.' In that case. State election officials were charged with failure to count... | |
| United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs - 1975 - 296 páginas
...794 (1966). Any quasi-official activity sanctioned by the state is action under color of state law. "Misuse of power, possessed by virtue of state law...state law, is action taken 'under color of state law." United States v. Classic, 313 US 299, 326 (1941). The court in Jackson v. Metropolitan Edison Company,... | |
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