Season 1- Episode 4 - Defend Your Rights Under Color of Law
Can you strongly state that you have legal “Rights” or can name and claim your “Rights”. Are you sure? Or will you succumb to the legislative bureaucracies and rules without raising any objections?
TITLE 18, U.S.C., SECTION 242
This makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties
Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials.
It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
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Chris H 0:04
Welcome, and today's session is defending your rights under the color of law. Can you strongly state that you have legal rights? Or can you name or claim your rights? Are you sure? Or will you succumb to the legislative bureaucracies and rules without raising any objections? Also, will you take whatever necessary stands to defend your rights in child support tribunals or hearings?
Or will you meekly stand by and watch them use their limited authority to diminish your power. The Supreme Court denies it says it is through lawsuits against state officers that state compliance with federal law is achieved. deprivation of rights under the color of law, section 242 of title 18 makes it a crime for a person acting under color of law to willfully surprise a person of the rights and privileges under the Constitution.
Now, even worse, state officials are administering federally funded program, such as the child support, those state officials are still acting under color of law. And the case law is tangu versus usury. Now in this session, we're going to cover what is called the notification letter, which is the denial of rights letter that you can submit in your court case. Now stay tuned till the end of this we will provide you with tips when we call a call to action that you can use in your case.
Chris H 1:50
Hello, my name is Chris. And here on this channel, review the Child Support Agency statutes and rules. And we show you or demonstrate you demonstrate to you how it comes into conflict with your due process rights. on our channel, we also provide education on legal lessons, both public and private. We do case law reviews, we do precedent reviews, statutes regulations, we also provide templates, summons as
This presentation will show you we also ask that you subscribe to our channel and hit the notification button and like us. Now Declaration of Rights under color of law, this falls on is called section 242 of the code.
And it says basically a person acting under color of color of law and willfully deprived you the person or individual on the constitution and laws united states that person is liable to you and any acts that they perform either in their official official capacity, or they pretend in terms of performance, but also falls on the color of law. Now, it does not necessarily mean that a crime has to be committed. And whether those crimes are based on race, color religion, it's it's irrelevant.
He it The question is what are they doing the functions they're performing? So whether they're a police officer, a prison guard, law enforcement, judges support magistrate the staff have the family court, anyone acting in a public official capacity is acting under color of law. Now, now, you know your your rights or you think you have rights, can you stand up for your rights? Now fraud, as defined by the court is that any representative again, anyone acts in a color of law that in their decision making process, basically violate your rights. And the key thing is there are no statute of limitation.
Now in some states, they claim that the statue of limitation is based on the state laws. either case, remember, they have to meet the federal standards. Now, when a judge acts in a match or support magistrate acts in a way that violates your constitutional right. That judge or acting judge is no longer acting as a judge, but as a ministerial officer and the court cases Pearson versus Ray fabae Supreme Court and also to note state judges as well as fellow judges as a responsibility to respect a person's federal rights. And if they violate that they fall under again, this particular statute and the case law is called gos versus state of Illinois.
Now, let's talk about the actual form itself. This is called the denial of rights form under the color of law. Now, the form here on the left, as you can see, I submitted this in my, in my lawsuit. As you can see, the date was 2013. And I delivered is a copy that was delivered to the support magistrate, I have several copies of it, I delivered a copy to everyone that was involved.
Either I come in contact with or I was, you know, anyone that touched basically anyone that touched my case, they got a copy with their respective names on it. Now in order to get the form, you can go to Department of Justice website, and you can download it. Or you could always email us asking for copies of the form. So let's take a look before. Now, the first part of the form is where you put the name of the staff member judges or anyone that comes in contact with your case.
Chris H 6:12
Next, this is where you deliver that and you can deliver the form either personally or through a third party. And we will talk more in detail how to deliver this form properly so it can be registered by the courts. Now this is the main part of the document where it gives a legal notice and warning. And then it highlights the details for the 18 USC 242 form. And explains in addition, it goes into what is 18 USC 245 section. Again, we're not discussing this in this presentation, but you can read it.
It talks more about your rights and what's involved and in violation of that. But I want you to pay close attention to this section of the form is called the USC title 42 1983. And if you see the arrow where it's pointing, it says any violation that occurs the injured party, which is you, you can bring action at law, a suit in equity in any proceeding and other and other proceedings for redress.
Now, as I said, Remember, violation of your rights will can and may result in a lawsuit according to the United States Supreme Court. What this letter does, without stating it bluntly, it says you may be sued on the call of law. So you've already now given official notice of a pending lawsuit if you were to go that route. Now, let's complete the form itself. Now first, we start off with your name.
Now your name here is really the name that is in your court papers. Whether it's uppercase, lowercase capital just transcribed, exactly the way they have your name appear in your court case, and the address, whether it's the same as your address, or any other address, you put that there.
So that's where the in this case, you're probably the defendant in the case, if it's child support, and your other party is taking you to child support. On the right side, then you put the staff, the support magistrate, the judges, the administrative judges, anyone that you feel that should be notified of your denial of rights. This goes here and you ensure that you have the correct title, the courthouse the exact address of the courthouse because you'll be delivering it to this particular address.
Next is what I call the statements and you put whatever you want to put here is really entirely up to you. I just happen to put every person is entitled to an opportunity to be heard before an impartial court of law. And that's a statement you could put other things you could put notice of intent, you could put I'm aware that you violated my rights. In other words you put give an explanation as to the purpose of why they are receiving this form.
Here you sign your name, your signature name or however you want to go by this goes here in that pocket where it says signatures, the signature Next you data now you will have a copy for everyone that's in your case are all the people you want to notify in your case. Now notice of service, we said I said here, either you could deliver that to the to the parties or ever third party delivered such as United States Postal Service or process server.
Chris H 10:26
My opinion, use a third party, that either the post office, in my situation I use the United States Postal Service, United was called certified mail, he could do certified registered, the goal is to ensure that it arrives to the party, and where where the party received it, because the goal is that, as you know, process process service is very important. It establishes jurisdiction, and therefore, you need to ensure that it arrives at the individual.
In my case, the support magistrate here, which is Mr. janeski, it was to deliver to eight D, Part 22, which is his hearing room or his courtroom, he also see that I have the index number or the tracking number that designate that because again, I need proof that this was delivered to the correct parties.
Now, this is where we have what is called a call to action is where steps that you can take in order to protect your rights. As we said earlier, do you know how to protect your rights, if you were called upon to do so. So here in our call to action segment, after you've completed the form, we suggest that you add what is called an affidavit to that form. And what the affidavit will do it sort of write down maybe a description of what happened at the time you felt your rights were violated. It could be the place it could be the people that were in the room, it will be the incident or whatever took place.
So you want to sort of memorialize it in an affidavit. And the definition of affidavit is, is a sort statements of facts and information. And you done that before a notary public. So you add your affidavit, any documentation at the time, if you're in a hearing, or child support case, you want to attach us that as well. And make sure you read the statement before you sign it in the notary.
Now, once you've assembled your affidavit, and the color of law document, you're now going to deliver that into your court case. So that there is a what is called a record of the event. Because let's say that you were in your in child support for let's say two years, you couldn't remember what happened a particular date. Well, this is where you document that event. Now we've arrived at the end of this presentation.
I hope this was helpful, as we said that this is where you exercise and demonstrate your rights and then have it you know recorded in your case. If you have additional questions feel feel free to email us with your questions.
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Now this is the end of this presentation. I hope you understand how to exercise your your rights as well as how to notify others that they have violated your rights. Also, please visit other other videos on this site and this channel. Thanks