Constitutional and civil rights violations performed by members of government (law enforcement, mayors, judges etc.) misuse position authority, acting “under color of law” to deprive individuals of personal rights. Federal and Wisconsin laws penalize actions like illegal searches, violations of due process, excessive force, or sexual assault, with penalties ranging from fines to life imprisonment.
Such violations are covered by Federal Code and Wisconsin statute:
18 U.S. Code § 242 – Deprivation of rights under color of law
Wisconsin Statute 946.12 Misconduct in public office.
Expressly covers actions taken “under color of office or employment”. It applies to public officers/employees who use their position to commit illegal acts, such as accepting improper benefits or abusing authority, with a dishonest advantage. This statute covers numerous forms of misaction and is generally applied to elected officials. Some hired positions are also covered. Search online for case law to identify if a judge has applied the statute to a hired or appointed position of interest.
Judicial Review of Evidence in Related Matters
Judicial review of evidence determines if law enforcers and agency officials followed the law, acted within their authority, and adhered to procedural requirements. Courts review agency actions to ensure they are not arbitrary, capricious, or “otherwise not in accordance with law”. These processes ensure that an agency did not act without legal authority or fail to observe mandatory procedures.
Procedural compliance involves checking if officials followed required steps and evidence standards. Constitutional/legal adherence involves determining if actions violated constitutional rights, exceeded statutory jurisdiction, or violated legal statutes. Review for abuse of discretion determines if actions were an abuse of discretion or not supported by evidence.