The phrase “color of law” is a legal term that refers to the appearance of legal power to act but may operate in violation of law. It is found in the authoritative legal dictionary Black’s Law Dictionary. Understanding the meaning of “color of law” is important for discussions of abuse of power and authority. This article will provide an overview of the definition of “color of law” according to Black’s Law Dictionary, explain how it differs from legal authority, provide examples of actions under color of law, and discuss the relevance of the term in legal contexts.
“Color of law” Definition
According to Black’s Law Dictionary, “color of law” is defined as:
The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.”
The key aspects of this definition are:
- It refers to an appearance or semblance of legal right
- It lacks the actual substance of legal right
- It involves misuse of power provided by state law
- The wrongdoer is clothed with authority of the state
In summary, “color of law” refers to the appearance of legal authority without the actual legal right. It is used to describe actions taken by government officials that go beyond or abuse their lawful powers.
Difference from Legal Authority
There is an important distinction between actions taken under “color of law” versus legitimate legal authority:
- Legal authority – Actions are taken that are within the lawful powers granted to a government official.
- Color of law – Actions go beyond or misuse lawful powers possessed by a government official.
Legal authority refers to the lawful boundaries of power granted based on position, training, and oath of office. In contrast, color of law implies an abuse or overstep of those legal boundaries.
While a police officer does have the legal authority to make an arrest, making a false arrest based on unlawful discrimination or motive without probable cause constitutes an action taken under “color of law” but not lawful authority.
Examples of Actions Under Color of Law
Some examples of conduct that courts have considered to be under “color of law” include:
- A police officer using excessive force during an arrest
- A government official denying permits based on unlawful discrimination
- Imposing additional taxes beyond legal authority
- Prison guards using violence against inmates as punishment
- Coercing an involuntary confession from a suspect in custody
Even though these actions involve government officials, and may appear authorized on the surface, they involve overstepping lawful boundaries and abusing power granted under the law.
Relevance in Legal Contexts
The concept of “color of law” is directly relevant in two key legal contexts:
Civil Rights Violations
Under 42 U.S.C. Section 1983, individuals can sue for civil damages when government officials violate their civil rights under color of law. This allows people to seek accountability when officials abuse their power. Plaintiffs must show the official acted under color of law and violated a protected right.
Criminal Prosecution
It is a federal crime under 18 U.S.C. Section 242 for an official to willfully deprive someone’s civil rights under color of law. This allows criminal charges against officials for willful violations like excessive force, sexual assault, unlawful discrimination or bias, depriving rights of due process, and more.
Conclusion
In conclusion, the legal term “color of law” refers to misuse of power possessed by a government official under appearance of legal authority. It covers actions beyond or in violation of lawful authority. Understanding this distinction from legal power is critical in civil rights and criminal cases against officials for abuse of their positions. The color of law doctrine supports holding government officials accountable for unlawful misconduct even when seeming to act officially.
| Term | Definition |
|---|---|
| Color of law | The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.” |
| Legal authority | Actions taken within the lawful powers granted to a government official. |
| 42 U.S.C. Section 1983 | Federal law allowing civil lawsuits for civil rights violations by officials under color of law. |
| 18 U.S.C. Section 242 | Federal law criminalizing willful civil rights violations under color of law. |
