> There is a federal law that makes it a felony to violate constitutional rights under color of law.
Never heard of that. Link?
Never heard of that. Link?
http://www.law.cornell.edu/uscode/42/usc_sec_42_00001983----...
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
USC 18-242
I called it a felony though the law only makes it one if a "dangerous weapon" is involved.
Key part with lots of sub clauses removed for readability: "Whoever, under color of any law, willfully subjects any person in any State to the deprivation of any rights, on account of such person being an alien, or by reason of his color, or race, shall be fined under this title or imprisoned not more than one year, or both;"
Let me quote it with line breaks for readability:
"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, "
So, anyone who dies this.
"or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, "
Or who does this based on race, residency....
"shall be fined under this title or imprisoned not more than one year, or both"
Shall be punished.
You can invoke the law by doing the first set of things, or by doing the second set of things.
It is an OR clause, meaning if A OR B are true, then the penalties apply. IF there were an AND on race, it would be the way you read it.
If you do A OR B based on C
A: Deprivation of rights B: Different punishments
where C is on account of such person being an alien, or by reason of his color, or race
I removed B to make it more readable in my initial comment because you were only talking about A.