DOJ TO INVESTIGATE ZIMMERMAN FOR FEDERAL CIVIL RIGHTS CHARGES

[mrclose]

An element of a civil rights prosecution is that the deprivation is caused by an actor who is taking state action under color of authority; i.e., police officers.

It has been used against other than law enforcement officers but must always involve some sort of state action.

The DOJ may be considering just ignoring the state action requirement and hope the case is heard by a liberal judge who doesn’t care what the law is, or maybe trying to argue that Block Watch is the functional equivalent of a police department.

[sybilll]

An element of a civil rights prosecution is that the deprivation is caused by an actor who is taking state action under color of authority; i.e., police officers.

It has been used against other than law enforcement officers but must always involve some sort of state action.

The DOJ may be considering just ignoring the state action requirement and hope the case is heard by a liberal judge who doesn’t care what the law is, or maybe trying to argue that Block Watch is the functional equivalent of a police department.

Finally you nailed it.  At this point, it is impossible to quote laws and statutes, and expect the Obama administration to adhere to any of them. 

[mrclose]

Finally you nailed it.  At this point, it is impossible to quote laws and statutes, and expect the Obama administration to adhere to any of them. 

Sadly (And with great remorse) I cannot disagree with you!

[EagleKeeper]

Finally you nailed it.  At this point, it is impossible to quote laws and statutes, and expect the Obama administration to adhere to any of them.  

Actually it might be instructive, try this exercise.

This is a snippet of the description of "color of law" as described by the FBI.

http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

Color of Law Abuses

Gavel   
U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The operative term being a "local agency". So far I'm seeing alot of ambiguity as to whether an HOA can be considered a local agency.

If anyone can provide a federally accepted definition of an HOA, that would be helpful.

[EagleKeeper]

Here is what I have found so far as a description of an HOA is, at least in Florida.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

(2) The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations. However, in accordance with s. 720.311, the Legislature finds that homeowners’ associations and their individual members will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement and authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter. Further, the Legislature recognizes that certain contract rights have been created for the benefit of homeowners’ associations and members thereof before the effective date of this act and that ss. 720.301-720.407 are not intended to impair such contract rights, including, but not limited to, the rights of the developer to complete the community as initially contemplated.

Obviously there is more to it then this snippet, but I found equally ambiguous.

[mrclose]

Actually it might be instructive, try this exercise.

This is a snippet of the description of "color of law" as described by the FBI.

http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

The operative term being a "local agency". So far I'm seeing alot of ambiguity as to whether an HOA can be considered a local agency.

If anyone can provide a federally accepted definition of an HOA, that would be helpful.

Florida HOA's have the authority to fine residents for breaking their rules.

If the fines are not paid the HOA can refer the matter to the courts>
(Just like you and I could. Civil)

They have no Police or arresting powers.

That is why Zimmerman was asking for the police!

[EagleKeeper]

Florida HOA's have the authority to fine residents for breaking their rules.

If the fines are not paid the HOA can refer the matter to the courts>
(Just like you and I could. Civil)

They have no Police or arresting powers.

That is why Zimmerman was asking for the police!

Your probably right, I was just trying to tease out a way that the DOJ could get their nose into the tent.

BTW, I've never lived within the confines of an HOA, do they collect any money that goes to *anything* other then the HOA?

[Maxiest]

That is my guess.

The DOJ investigated the Racists bunk months ago and found none!

Too .. You cannot file Civil Rights charges against an 'ordinary' citizen!

(Civil Rights charges can only be filed against a government, State or Federal employee!)

That isn't true...

If I apply to live in an apartment and the apartment owners are black and deny me because I am white, I can file a civil rights suite against them.

Now that is under the Fair Housing Act.  But I can site more examples.  But basically only a government or private entity can violate someones civil right, not a single person.  The way I understand it.

Now in the case of Zimmerman as you said he is an individual so no Civil Right violation can be filled.

[mrclose]

That isn't true...

If I apply to live in an apartment and the apartment owners are black and deny me because I am white, I can file a civil rights suite against them.

Now that is under the Fair Housing Act.  But I can site more examples.  But basically only a government or private entity can violate someones civil right, not a single person.  The way I understand it.

Now in the case of Zimmerman as you said he is an individual so no Civil Right violation can be filled.

The suit would (as you said) fall under the Fair Housing Act.
Not the Civil Rights Act.

Just like the EOE Act .. Not Civil Rights.

[EagleKeeper]

But basically only a government or private entity can violate someones civil right, not a single person.

Under the Federal Civil Rights act only Those acting under “Color of law”  authority given to him or her by a local, state, or federal government agency can be brought to task.

[Lacarnut]

Like the great one J.G. said "how sweet it is" that Zimmerman was found not guilty.