Policing and Racial Justice: Federal, Ohio and Local Laws: Federal

Full text 2014 treatise on Civil Rights by Martin A. Schwartz.

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

The Insurrection Act is an exception to the Posse Comitatis Act.

Law enforcement authority of Secretary of Homeland Security for protection of public property.

Equal rights under the law

Civil action against government actor for deprivation of rights

Conspiracy to interfere with civil rights. Can pull in private actors who conspire with government actors

Qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights.

Responsible for investigating civil rights crimes.

Prosecutes federal civil rights crimes.

DOJ Press Release 9/14/21

2017 SideBAR article by Scott Young, published by the Federal Litigation Section of the Federal Bar Association.

Makes it a crime for two or more persons to conspire to violate someone's civil rights.

Deprivation of rights under color of law. This statute makes it a crime for a governmental official to deprive someone of their civil rights, or to treat someone differently because of their race or citizenship status. It has severe penalties for violence inflicted under color of law.

Hate crimes acts

Prohibits the pattern and practice of such
misconduct by the government as:
Excessive Force
Discriminatory Harassment
False Arrest
Coercive Sexual Conduct
Unlawful Stops, Searches, or Arrests

Qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights.

US Supreme Court will decide in 2024 this court should reconsider the doctrine of qualified immunity.

NBC News 10/13/23

In 2024, the US Supreme Court will decided whether police officers not making split second decisions, will get the same qualified immunity as other officers.

The US Supreme Court case which established qualified immunity.

8/25/20

Police disciplinary records are public under Ohio Code § 149.43.

US Supreme Court reaffirms qualified immunity for police officers. 10/18/21

Effective 4/12/21. The law heightens penalties for protests near oil and gas pipelines and other infrastructure by expanding the definitions of "criminal trespass" and "criminal mischief."

403 US 388 (1971)

6/30/20 Shouse California Law Group. Bivens constitutional claims are very similar to civil rights claims under 42 U.S.C. Section 1983. However, Section 1983 claims only apply to wrongdoing by state officials, not federal ones.

Potitico 12/15/20

In 2024 the US Supreme Court will decide (1) Whether words printed on clothing are pure speech, and thus presumptively entitled to First Amendment protection, or whether they are protected only if they convey a “particularized message;” (2) whether, in light of important new historical evidence, this court should reconsider the doctrine of qualified immunity; and (3) whether the court of appeals erred in holding that a First Amendment right to unobtrusively observe and record police performing their duties in public is not clearly established.

Cities are accountable under Section 1983, but only if the civil rights violation was caused by “official policy” of the city government.

US Supreme Court holds that a violation of the Miranda rules does not provide a basis for a §1983 civil rights claim.

Reason 7/7/22 Derek Chauvin, who received a 21-year federal sentence yesterday for lethally violating George Floyd's constitutional rights, still seems to think he did nothing wrong by kneeling on his victim's neck until he was dead.

CRS Report 6/15/20

6/16/23 United States Department of Justice Civil Rights Division and United States Attorney’s Office District of Minnesota Civil Division issues report detailing racial discrimination, excessive and unlawful use of force, First Amendment violations and a lack of accountability for officers.

APNews 11/16/23

CRS 7/31/20

Libguide from UC San Diego Library

CRS Report 6/15/20

6/3/20 A good summary by Shouse California Law Group

ABC News 8/11/22