TheBradfordReview
TheBradfordReview publication and digital wire service. TBR subscribes to the tenacious craft of reporting the truth. This involves personal and editorial opinions, with respect to perspective. There is no intent to condemn or defame. A grass roots and differing source of topics and information.(BE)All Rights Reserved[2024v15]
Tuesday, August 6, 2024
The epiphany of man
Monday, March 25, 2024
Introducing "Soul Solace"
Thank you from Mr. Bradford |
TBR-Leighton Bradford, Editor-in-Chief
http://soulsolace6463.wordpress.com/2010/12/28/soul-solace-by-leighton-bradford-excerpt-from-book/
Nima will now be introduced; Malik’s lady, cute, and loves her some Malik. Malik and Nima are engaged to be married. Nima is terribly funny, the life of the party; W.T. likes Nima listen, “Malik is that my button, ask her where her mama is?” He also likes her fine as wine mother, Black women are like wine, and the older they get the more robust da flava? A mystery that adjust to her abrupt surrounding. Nima is sassy, yet delicate as the soft petal of a flower. Her purpose remains ahead no doubt, her obstacles a few behind. Ever present faith, not a shame to confess her Lord and Savior Jesus Christ.Malik and Nima are the quote, unquote salt of the earth. Both were raised down south; mostly collard greens and ribs, and a whole lot of love. Nima, Nima go ahead with ya bad self; moreover, the host of men track her essence, that sistah you dream of, too good to be true, so similar to mama. A distinct persona, with the ability to change the hearts of men. Said memory stays a little while, it lounges, it rests just so. Brother down the street likes what he envisions. Nima is no different in many regards, than say Sage or Mandee; you just have to be there to understand! Malik, my man is playing Anita Baker, her melody plays like a distant memory. He has love on his mind, as the music prepares your soul for deliverance.
As the chords play out ever so softly, life is contemplated, his place in it, and the girl of your dreams. Heaven has paid us a visit, so it seems. Every time you think of that thing that keeps you tossing and turning at night; restless is the desire, restless. Malik sits down and writes Nima a poem:
Singular purpose and my mind glides around your thoughts.
Speak tenderness, perpetual love thang no doubt.
There are no boundaries for our midst.
So the visual aspects of flesh adhering to one another.
Clean lines struck to silence, because my love it’s all about you.
Wasted motions; presumed humanity, waning act of unadulterated caress.
I may vibe female menagerie, caught up in the movement, on the secondhand analogy, to the sheer vision that lies before me. Placement of my hand towards the small of her back, til’ round midnight I will let go.
Because my love it’s all about you
Hope to change the world with what God reveals to my soul. I just can’t take it anymore. The depths of misery known to all brothers’ whom and have loved. Don’t let her know tho, she will have you in the palm of her hand. Then she said, “Hear me Blackman it’s all about you.”
Tight curves on an anatomy that is heavily endowed. Clandestine touch reaching on the fringe of a pause. A slowing effect on a couples overall surreal occupation. Rhythm and sounds alleviates the refrain. Formulated continuum for us to enjoy. Elevated mind; because obviously its love!
All Rights Reserved Intellectual Property Of Leighton Bradford (BE
Thursday, November 16, 2023
And then came the crisis
These returning heroes are not receiving the respect they ultimately deserve. Why is homelessness, un-employment and suicide so rampant within this segment of our society? The epic struggles of President Obama's administration; mirrors President Franklin D. Roosevelt's battle, with the Great Depression and WWII! Where is the paper? A common questioned asked by many. The criticism of the President from Dr. Cornel West and Tavis Smiley intrigues me? I mean we are a democracy, your take on things is allowed. Man! Well educated men not offering any solutions, interesting. If they were President, what would they do?
President Lincoln had the intestinal fortitude and will, keeping our nation together. President Obama has the guts to defy the conventional wisdom of critics; moreover, an attempt to create the groundwork and the opportunity to chase the American dream. How similar are the leadership styles between FDR and President Obama? A war being wage on several fronts, along with economic stagnation, coincide with FDR and the countries historically systemic problems. If Bernanke and Geithner can't inject capital relief, what is the use of their services? President Obama needs a new deal of our era. The stock market is fundamentally a house of wares or concentrated mercantilism. It should not have such an influence on our economy. Maybe legislation should be passed requiring diversity within the various financial markets. If one takes a hit; the blow would be diffused, by the other entities. A sort of Sherman Act of Financial Markets. Warren Buffet told talk show host Charlie Rose housing upstart's or construction, maybe the central catalyst, within a recovering economy?
Newt Gingrich opposed almost everything Clinton tried to accomplish. President William Jefferson Clinton still reigned in the deficit and created a surplus! President Clinton had a somewhat willing Gingrich, and bi-partisan support, achieving this goal. How do we get there economically? Small business, trade reform, managing the relationship with the EU and the middle class, will save our economy. The average working American needs help! Interest rates will spike, bringing the pain to an already troubled housing market. The ever-widening gap between the haves and have nots will expand.
The subtle extinction of the middle class and the affluent working class is tantamount to a present-day feudalism! Conservatives are urging their corporate captains, to take measures that will make the president look bad. The bailout worked! President Obama's administration saved capitalism! Lenin and Marx haunt the corridors of the Federal Reserve, enticing the proletariat and hemming up the bourgeoisie. History will place President Obama among the elite presidents. Put him on Mt. Rushmore! What else is there to do? (TBR)
**************************
The White House
Office of the Press Secretary
For Immediate Release August 10, 2011 Readout of the President's Meeting with Chairman Bernanke
The President and Chairman Bernanke met today in the Oval Office to discuss the economy and global recovery. They were joined by Secretary Geithner, Chief of Staff Daley and NEC Director Sperling. The President and the Chairman discussed the outlook for the recovery and for jobs as well as fiscal issues, including the need to tackle long-term deficit reduction. They also discussed the situation in Europe. This was the third time the President met with the Chairman this year.
[Intellectual property of White House--Press release] TBR
Sunday, January 29, 2023
The Mountain Top
Sunday, November 13, 2022
United Nations Letter of Concern
To: United Nations Association (Canada)
309 Cooper Street Suite 300
Ottawa, ON K2P0G5
From: Leighton Bradford
Within my analysis and observation of ensuing injustices against humanity; I plead with this international body, to help my people free ourselves from the disproportional high rate of incarceration of Black men, within the United States and its borders. It is no coincidence that within the United States, several constitutional violations have occurred involving under-representation, Habeas Corpus infractions, 9th Amendment violations surrounding excessive fines and bails, cruel and unusual punishment, the denial of procedural due process, etc...
Peace becomes the sanctioned love of anyone who deplores violence. The constitution becomes an ever-eroding piece of parchment, if the basic human rights of Black men are not acknowledged. Privatized prisons warehouse Black Souls, as if an individual should become a lucrative venture, traded as though it were cotton, on a given Stock Exchange. My spirituality professes the mutual respect and admiration of at least a decent human being, Irregardless of race, creed, economic standing, and previous condition of servitude.
Oppression becomes camouflage by the certain niceties of modern living. Dear heavenly Father, I humble my soul so as to accept the blessings that true freedom allows. The aforementioned passages express the hope I have for humanity, and this entity's ability to provide a means of conflict resolution. Freedom is a natural right of every human being residing on this earth. It becomes the responsibility of the gifted and strong to commit to this purposeful ideal. I am offering my God given abilities to save my people from the effects of tactical genocide. A moratorium on race and suffering within the United States must begin with the cease and desist of privatized prisons and the creation of a legal defense fund for the down-trodden, oppressed and abused. Young Black men have a right to exist with all of the rights afforded any human being.
The racial profiling of Black men must come to an end. Violence serves no purpose to an individual who respects self. I would be so apt as to placing this issue within the global framework, of crimes against humanity.
Respectfully,
Leighton Bradford
Thursday, March 31, 2022
Saturday, October 9, 2021
Editor: Leighton Bradford, Article Houston LaVida News
During the time of Jesus, a ruler by the name of Herod engaged in what was described as infanticide of male hebrews. Ron Brown (Fmr. Secretary of Commerce), Tupac Shakur, Mickey Leland, El Hajj Malik Shabazz, Dr. Martin Luther King Jr., Marcus Garvey and Huey Newton are a number of Black men silenced for whatever reason.
Young Blackmen are not being nurtured to hold power. So similar are the tactics of Herod, attuned with the shadowy enemy of a would-be messiah. Is there a direct correlation between a male leader of African descent, and an effort to work towards his demise? In college, some taught the varying aspects of logic, be it deductive or inductive. Why not borrow from this concept, and begin to look further in what has been suggested. Maybe it's a coincidence that so many Black male leaders have been assualted. W.E. B. Dubois spent his mature years in Accra, Ghana. Dubois may have washed his hands of society's treatment of individuals of African descent. Hopefuly life for young Black men can be productive and prosperous so long as King Herod doesn't get a hold of them. Our current leaders have yet to devise a plan which embraces the young Black male, in an apprentice like posture, preparing them for leadership. So many questions, so few answers--our faith shall respond to all.
Friday, July 16, 2021
The first Chinese American woman to fly for the U.S. military.
TBR- Special To
By Tech. Sgt Jim Araos, Air Force News Services
Born and raised in Portland, Oregon, Hazel Ying Lee became the first Chinese American woman to earn a pilot’s license and fly for the U.S. military under the Army Air Corps.
Lee’s bravery and service record paved the way to secure military status for women pilots and echoed a legacy of equality and inclusion.
In her youth, Lee had a passion for becoming a pilot. After graduating from high school, she took a job as an elevator operator to earn money for flight lessons. At the age of 19, she joined the Chinese Flying Club of Portland, took flying lessons, and earned her pilot's license.
In 1933, Lee went to China in the hopes of becoming a military pilot. The Chinese air force turned her down because women were not allowed to become pilots. Despite the adversity, she remained in China, working a military desk job and occasionally flying for a commercial airline. When the Second Sino-Japanese War began in 1937, Lee again attempted to join the Chinese air force and was again rejected due to her gender.
Lee returned to the United States in 1938 and worked for the Chinese government in New York as a buyer of war materials.
In the fall of 1942, Lee applied for the Women’s Flying Training Detachment, which later merged with the Women’s Auxiliary Ferrying Squadron to become the Women’s Airforce Service Pilots or WASP. She began her training at Avenger Field in Sweetwater, Texas, where she learned to fly a variety of military planes. As one of only two Chinese American pilots in the WASP program, Lee relished her role and ethnicity. She enjoyed teaching her fellow WASPs about her Chinese culture and Asian cuisine and even helped her classmates inscribe their nicknames in Chinese characters on their aircraft using red lipstick.
After training in Texas, Lee was stationed at the Air Transport Command’s Romulus Army Air Base, Michigan. While there, she flew in a Boeing-Stearman PT-17, a North American T-6 Texan, and a Boeing C-47 transporting military passengers and cargo. For Lee, flying was a way for her to feel the freedom she didn’t have on the ground. Her passion for flight drove her to pursue a qualification in flying single-engine fighter aircraft, which she earned through a Pursuit School in Brownsville, Texas, in 1944. While there, she familiarized herself with the Republic P-47 Thunderbolt, North American P-51 Mustang, and Bell P-63 King Cobra.
Although she achieved a pinnacle of flight prowess, Lee was still often mistakenly seen as a Japanese enemy due to her appearance. During an emergency landing on a Kansas farm, she was chased down by farmers with pitchforks as she was mistaken for a Japanese aggressor. Lee was able to settle the confusion but not before suffering anguish as a result of their prejudice.
In World War II, Lee and other pursuit pilots delivered more than 5,000 fighters to Great Falls, an essential link in supplying Russian allies with planes.
During a routine aircraft transport to Great Falls, Montana, a faulty communication between the air traffic controllers caused Lee’s P-63 to collide with another P-63. She was able to land her damaged and burning plane, but she was severely injured. On Nov. 25, 1944, she died of her injuries. A few days after her death, her family was informed her brother, Victor, was killed in action in France. The two siblings are buried at River View Cemetery in Portland.
River View Cemetery initially refused to bury the siblings alongside white Portlanders, but their sister wrote to President Franklin D. Roosevelt, and the cemetery allowed it. Lee was denied military death benefits because the WASPs were considered civilians.
In 1977, after years of fighting for recognition, the WASPs were granted veteran status along with full benefits. In 2010, Lee and the other 1,073 women who served as WASPs received the Congressional Gold Medal.
Lee is now regarded as a local heroine in Portland and recognized by the Department of Defense as the first Chinese American woman to fly for the U.S. military.
Friday, March 5, 2021
Creating parity within international trade with China.
NAFTA was detrimental to the U.S. businessman. Should the FTC/SEC collaborate with the State Department and NSA in a more deliberate manner? Further, as it relates to quantifiers of foreign investment, Threat Levels [National Security], and Trade Deficits, which just hit $3.1 trillion? The U.S. trade deficit in goods and services was $616.8 billion in 2019. Imports were $3.1 trillion, and exports were only $2.5 trillion. Globalization will contend with protectionism; until the WTO, and foreign regimes, begin to create parity along all lines of global trade. My former boss comments lend to the aforementioned subject matter,” I started CGI in 2005 to help turn good intentions into real action and results” William J. Clinton, 42nd President of the United States. Wal-Mart is involved with CGI. Wal-Mart is a company that relies on China for a number of manufacturing goals
Tuesday, February 18, 2020
The Hustler's Creed!
Federal agents raid 3350/3344 Best way. |
TBR Leighton Bradford Editor-in-Chief
Drug Dealing 3350 Best way |
Bricks used in domestic terrorism. |
Drug Dealers Engage In Domestic Terrorism! |
The deep part about Black self determination, Black souls become the crux in fighting crime. Meaning; if caught up in materialism and hedonism, it becomes a lost cause. My military career has supported the defense of every ethnicity. Sgt. Greer is a grave disappointment. I'm not suggesting not upholding the law; but actually giving a fellow veteran the benefit of doubt, and acknowledging the fact that three government entities agreed that 3344/3350 were dealing drugs! Some within law enforcement have decided a block, is earmarked for their own personal gain! Hustla's seem to not respect an out of state brotha. The Shaft factor does it play a role? I began to understand the dynamics of the "Hustle"! No individual or set can push weight or drugs without help! Gang members are the anti-thesis of our race. They fill the void of leadership within impoverished communities. Black men can't blame the other, we have to organize and provide leadership towards our race. We must declare war on gang activity!
Federal Lawsuit: Tennessee Grand Juries “Not Properly Constituted”
April 29, 2019RESULTING IN DENIAL OF “DUE PROCESS OF LAW”
by Sharon Rondeau
(Apr. 28, 2019) — A lawsuit filed in federal court last fall by six inmates at the Shelby County jail in Memphis, TN claims that citizens of the county are subjected to a “routine ‘rubber stamp’ policy and procedure” after they are arrested and incarcerated.
The class-action suit was filed in the U.S. District Court for the Western District of Tennessee on October 29, 2018 along with three exhibits, and names Shelby County Sheriff Floyd Bonner, Shelby County District Attorney General Amy Weirich, Shelby County Government, former Gov. Bill Haslam, and the State of Tennessee as defendants.
The plaintiffs claim they have been jailed for as long as 40 months without having been provided a grand-jury indictment stating the crime(s) of which they are accused. Alternatively, the suit claims on page 16, “rubber stamped indictments are brought against individuals charged with offenses which are violent and drug related in nature, and taken alone do not objectively give rise to a particularized probable cause…” [sic]
The lawsuit’s claims of protracted imprisonment of the county’s citizens without indictment are not unfamiliar to this publication, which has received scores of letters from Shelby County jail inmates over more than two years with similar complaints.
Underlying the practice of delayed indictment and alleged lack of probable cause, wrote plaintiff Quartez J. Gary in a letter to The Post & Email last week, is the operation of the grand jury itself resulting from its judicially-appointed forepersons who serve multiple terms at the pleasure of the judge.
On pages 13 and 14 of Gary’s handwritten complaint, he alleges that, “On information and belief, the defendants have promulgated, implemented, enforced, carried out and/or failed to rectify a written and/or de facto policy, practice or custom of indicting all individuals placed in the custody of the ‘facility,'” referring to the jail, “without any demonstration or finding of probable cause.” However, on page 31, he states that the process is “designed to deprive an individual of his/her right to due process of law and a fair and speedy trial is a uniform state wide Policy and Procedure…” [sic].
The lawsuit can be accessed here: 3520647-0–8806
Presenting as “Exhibit A” a grand-jury foreman order from September 2012 appointing “Pat Vincent” and reappointing “Mary Thomas” and “Pat Vincent” as grand jury foremen, Gary wrote on the document that “Any indictment Endorsed by mary thomas/J.P Vincent is facially invalid and lacking any legal efficacy.” [sic] 3520647-1–8857
The appointing order is signed by a judge from each of Shelby County’s eight criminal court divisions.
Last August, local media reported that longstanding Shelby County grand-jury foreman Mary Thomas was removed from her position for allegedly having “failed to follow proper procedure on July 31, 2018,” a date that was later changed to “July 17, 2018.” However, documentation The Post & Email acquired from a source as to Thomas’s removal dated August 8, 2018 stated that Thomas “has not been following proper procedure.”
The Post & Email’s calls to the Shelby County Criminal Court for comment on Thomas’s dismissal were not returned.
In August 2016, a relative of a Shelby County inmate informed us that after visiting the Criminal Justice Center in person to request copies of all grand-jury foreman appointing orders for the last eight years, she left empty-handed after the clerk claimed the court held no responsive records.
Gary’s argument as to the composition of the grand jury is similar to one put forth by LCDR Walter Francis Fitzpatrick, III (Ret) in 2009 after discovering that Tennessee grand-jury foremen are “handpicked” by the judge and serve multiple terms, sometimes for decades. As a result of his efforts to expose the practice, Fitzpatrick attempted a citizen’s arrest, legal in Tennessee, but was jailed in Monroe County and later, in McMinn County, then sent to state prison for more than two years in August 2014.
In 2010, longstanding Monroe County grand-jury foreman Gary Pettway said he “worked for the state.” A public records request returned no appointing order, oath of office, or evidence of vetting of Pettway by court personnel.
Weirich was ranked as one of the most ethically-challenged prosecutors among the states of Missouri, California, Louisiana and Tennessee in a study by the Fair Punishment Project encompassing the years 2010-2015. In March 2017, Weirich accepted a “private reprimand” for her conduct in the nationally-covered Noura Jackson case, specifically for her attempts to force Jackson to testify. In exchange, the Board of Professional Responsibility (BOPR) agreed not to prosecute her on ethics complaints.
Pages 29 and 30 of the lawsuit quote from an article in the Memphis Flyer dated July 20, 2017 about Weyrich and her office, citing the Fair Punishment Project’s findings.
As reported by the website prosecutorialaccountability.com, Weirich was noted to have made “improper comments” in the courtroom in the past.
Tennessee district attorneys general wield considerable power and are elected to eight-year terms. Weirich’s current term expires in 2022, at which time she reportedly plans to seek re-election.
At the same time Fitzpatrick was sent to state prison, Jackson’s attorneys successfully appealed her conviction, with the court ruling that “the prosecution violated the defendant’s constitutional right to due process by failing to turn over until after trial the third statement a key witness gave to law enforcement officers investigating the murder.” By that time, Jackson had served nearly a decade in prison.
A deputy prosecutor in Weirich’s office, Steven Jones, was cleared of misconduct allegations for failing to produce exculpatory evidence in Jackson’s case after he claimed he “received the statement during the trial, briefly reviewed it, put it in the flap of a notebook and forgot about it.”
Systemic corruption in the Shelby County prosecutor’s office related to The Post & Email includes the cases of Celitria Watson and April Malone, who were indicted in January 2017 for an alleged drug scheme based on text messages they proved were altered by an unidentified party with the apparent intent of incriminating them. While they were dropped from the case after approximately six months, the women say their reputations and standing in the community remain damaged and their ability to earn a living affected. They, too, have filed a federal lawsuit against Memphis law-enforcement and Weyrich’s office seeking restitution.
In another instance, then-Shelby County jail inmate Datel Taylor insisted he made no confession to investigators who questioned him in the jail about the November 2016 murder of his girlfriend. Rather, he said, he witnessed an investigator instructing a court-reporter present during the questioning to “alter” his statements to indicate a confession.
Although his Shelby County criminal record indicates he accepted a plea agreement, Taylor continues to say he is innocent of the murder, including in a letter received last week from the state prison to which he was sent on a 25-year sentence.
In the case of former Shelby County Sheriff’s Office (SCSO) sergeant Earley Story, overwhelming evidence of his innocence on a 1999 felony conviction of selling marijuana to an undercover officer and confidential informant in 1997 continues to be ignored by the courts despite Story’s continued efforts to clear his name and the backing by a national, congressionally-recognized police-defense organization.
In the federal case of Hobby v. United States, in opining as to whether or not an indictment should be overturned due to alleged discrimination in the selection of a grand-jury foreman, the U.S. Supreme Court claimed that the foreman’s duties are “merely ministerial” and that, assuming his appointment emanated “from an unobjectionable venire,” would not be cause for an indictment to be found invalid.
The “venire” indicates the body of grand jurors chosen to serve for a given amount of time.
In Tennessee’s criminal courts, the grand jury foreman is not chosen from the venire, but rather, through an undisclosed, most likely arbitrary method known only to the judges. However, an 1883 state supreme court case demonstrates that was not always the case, and history shows that the practice commenced after the Tennessee legislature passed a law purported to legitimize it which took effect in 1919.
A 2008 law mandates that no juror may serve without 24 months having elapsed since his last service.
While the state has claimed that grand-jury foremen do not vote and are not “jurors,” as in the federal model, many Tennessee citizens and observers have reported that the grand jury foreman does, indeed, cast a vote when considering an indictment, particularly in the case of a tie among the remaining 12 grand jurors. In fact, when Fitzpatrick was arrested following the citizen’s arrest on April 1, 2010, he was charged with “intimidating a juror,” namely, Pettway.
On page 3, Gary claims that the grand-jury foreman casts a vote.
Tennessee law dictates that all jurors be chosen through “random, automated means.” The grand jurors’ term of service is said to be two months, while for the foreman, it is two years.
Weyrich’s office is open about the fact that it “hires” the grand jury foreman and states that grand jurors are “selected by the administrative judge of Criminal Court.”
After testifying in Shelby County in August 2016 for only minutes before being expelled from the witness chair by Judge Lee Coffee, one of the signers of the 2012 appointing order included in Gary’s suit, Fitzpatrick related his discovery that Shelby County judges also appoint a “grand jury foreman pro tempore,” a position not found in Tennessee code.
In 2012, Fitzpatrick discovered state laws from 1984, never repealed nor amended, which ordered the county criminal courts to reorganize into multi-county districts, with several exceptions for large counties such as Shelby and Knox designated to remain their own respective districts. As far as this publication has been able to determine over 9+ years of coverage, the laws were never observed other than for the numbering of judicial districts, as in Shelby County’s designation as Tennessee’s 30th Judicial District.
In 2010, an attorney for Fitzpatrick termed Tennessee’s judicial system “hopelessly corrupted.”
The additional exhibits included with Gary’s lawsuit are his case history summary and six grand-jury indictments issued respectively against the plaintiffs signed by either Thomas or Vincent.
Fergus Nolan of Memphis Truth Commission has uncovered additional prosecutorial corruption in Shelby County involving Story’s confidential informant, Alfredo Shaw, who testified at not only Story’s trial but also that of a death-row inmate, Tony Carruthers. Shaw has since recanted his testimony, but Carruthers remains in Tennessee’s maximum-security facility, Riverbend.
April Malone, Celitria Watson, Datel Taylor, District Attorney General Amy Weirich, Earley Story, grand jury foreman, judicial corruption, LCDR Walter Francis Fitzpatrick III (Ret.), Shelby County Sheriff’s Office (SCSO), Shelby County TN
Federal Lawsuit: Tennessee Grand Juries “Not Properly Constituted” added on
COLOR OF LAW Civil Rights Violations
From FBI website at http://www.fbi.gov/hq/cid/civilrights/color.htm
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States.
"Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, state or federal).
Criminal acts under color of law include acts not only done by local, state, or federal officials within the bounds or limits of their lawful authority, but also acts done beyond the bounds of their lawful authority. Off-duty conduct may also be covered under color of law, if the perpetrator asserted their official status in some manner.
Color of law may include public officials who are not law enforcement officers, for example, judges and prosecutors, as well as, in some circumstances, non governmental employees who are asserting state authority, such as private security guards.
While the federal authority to investigate color of law type violations extends to any official acting under "color of law", the vast majority of the allegations are against the law enforcement community.
The average number of all federal civil rights cases initiated by the FBI from 1997 -2000 was 3513. Of those cases initiated, about 73% were allegations of color of law violations. Within the color of law allegations, about 82% were allegations of abuse of force with violence (59% of the total number of civil rights cases initiated).
The Supreme Court has had to interpret the United States Constitution to construct law regulating the actions of those in the law enforcement community. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.
Investigative Areas
Most of the FBI's color of law investigations would fall into five broad areas:
excessive force; sexual assaults; false arrest/fabrication of evidence; deprivation of property; and failure to keep from harm.
In making arrests, maintaining order, and defending life, law enforcement officers are allowed to utilize whatever force is "reasonably" necessary. The breath and scope of the use of force is vast. The spectrum begins with the physical presence of the official through the utilization of deadly force. While some types of force used by law enforcement may be violent by their very nature, they may be considered "reasonable," based upon the circumstances. However, violations of federal law occur where it can be shown that the force used was willfully "unreasonable" or "excessive" against individuals.
Sexual assaults by officials acting under "color of law" could happen in a variety of venues. They could occur in court scenarios, jails, and/or traffic stops to name just a few of the settings where an official might use their position of authority to coerce another individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the other if they do not comply.
The Fourth Amendment of the United States Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using his authority provided under the "color of law" is allowed to stop individuals and even if necessary to search them and retain their property under certain circumstances. It is in the abuse of that discretionary power that a violation of a person's civil rights might occur. An unlawful detention or an illegal confiscation of property would be examples of such an abuse of power.
An official would violate the color of law statute by fabricating evidence against or conducting a false arrest of an individual. That person's rights of due process and unreasonable seizure have been violated. In the case of deprivation of property, the official would violate the color of law statute by unlawfully obtaining or maintaining the property of another. In that case, the official has overstepped or misapplied his authority.
The Fourteenth Amendment secures the right to due process and the Eighth Amendment also prohibits the use of cruel and unusual punishment. In an arrest or detention context, these rights would prohibit the use of force amounting to punishment (summary judgment). The idea being that a person accused of a crime is to be allowed the opportunity to have a trial and not be subjected to punishment without having been afforded the opportunity of the legal process.
The public entrusts its law enforcement officials with protecting the community. If it is shown that an official willfully failed to keep an individual from harm that official could be in violation of the color of law statute.