340:. When that land is subsequently conveyed to another owner by a deed, the deed colors the title to show the new owner. Thus, the chain of title from the land patent to the present may include many deeds. The actual title remains with the land patent and lawful deeds show the chain of title to the present landowner. Because the ownership in land is a very specific thing, requiring precise and proper transfers of ownership, it used to be that people always required a certified abstract be provided with a deed to ensure the deed was not merely a color of title fiction. Today, title companies offer
261:, it is a crime for one or more government employees to use their police powers to either deprive or to conspire to willfully deprive a person of his or her Constitutional rights. Crimes committed under color of law include acts within and beyond the boundaries of legal authority, which includes the personal conduct of policemen and policewomen who assert their official status when off duty.
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378:, most states have enacted statutes that prohibit the use of a person's name or image if used without consent for the commercial benefit of another person. A person's exclusive rights to control his or her name and likeness to prevent others from exploiting personal information without permission is protected in similar manner to a title or
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was a common-law term of art referring to the illegal or unauthorized actions of governmental officials”, which the U.S. Congress applied in several laws, such as the authorization of federal officials to seek the removal of state-level criminal charges presented against them into the federal court
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The deprivation of rights under color of law is a federal criminal offense which occurs when any person, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person on any U.S. territory or possession to the deprivation of any rights, privileges, or immunities
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the law to the circumstance, whilst the apparently legal action is itself illegal. In U.S. and U.K. jurisprudence, an action realized under color of law is an act realized by an official as if he or she were authorized to take the apparently legal action not authorized by
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to secure such documents. Still, only a proper and lawful title, like the land patent, provides actual title to land; and only a proper and lawful chain of title (deeds, etc.) from such a patent to the present can secure land rights to the landowner.
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secured or protected by the
Constitution or laws of the United States, 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 (
249:, the arrest was effected in violation of the law; the Federal Bureau of Investigation (FBI) investigate formal accusations against policemen and policewomen who have acted beyond the scope of their lawful authority and so violated the
312:"Color of office" refers to an act usually committed by a public official under the appearance of authority but exceeds such authority. An affirmative act or omission, committed under color of office, is sometimes required to prove
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of a person; false claims of nobility are most common. In the US, one who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability for invasion of privacy if
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first was used in
English statutory law in the 13th century, originating from the fact that the soldiers and officials of the Crown carried the flag and coat of arms of the sovereign to indicate that they were acting under the
296:). The death penalty is applicable in extreme cases when the crimes cause the death of the individual being deprived of statutory or constitutional rights. Remedy by civil action is also possible:
336:, such as a writing, suggesting valid legal title. The courts have ruled that deeds are mere color of title; the actual title to land is secured with an irrefutable instrument, like a
288:). When two or more persons conspire to prevent the exercise of constitutional rights, or to punish an individual for having exercised them, it is deemed a conspiracy against rights (
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involves a misappropriation or "major misrepresentation" of a person's "character, history, activities or belief". Some bodies of law also explicitly mention the
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Public disclosure of private facts arises if a person reveals information which is not of public concern, the release of which would offend a reasonable person.
407:—had reason to know of or acted with reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
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in the exercise of legal power to realize an action that violates the law. If a policeman exercises color-of-law authority to arrest a person without
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action with the person's likeness and personal information, rather than the trademark or title, being the subject of the protection.
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creates an indefeasible title in the registrant, which, like the land patent, can be challenged only in very limited circumstances.
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of the sovereign. As a descriptor of official malfeasance, in the article “The
Meaning of
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Steven L. Winter, The
Meaning of "Under Color of" Law, 91 MICH. L. REV. 323, 326 (1992).
224:” (1992), Steven L. Winter said that “through the first half of the nineteenth century,
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However, even with land secured by patent, the proper grant of title can be implied by
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that appears valid but may be legally defective. Color of title may arise if there is
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The false light would be highly offensive to a reasonable person; and
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of a citizen. The
Supreme Court's interpretations of the
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may be too technical for most readers to understand
56:. Unsourced material may be challenged and removed.
19:"Color of law" redirects here. For the book, see
352:, which is the basis for claims exemplified in
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489:, 91 Michigan Law Review. 323, 326 (1992).
473:"Deprivation of Rights Under Color of Law"
171:Learn how and when to remove this message
155:, without removing the technical details.
116:Learn how and when to remove this message
265:Deprivation of rights under color of law
475:. U.S. Dept. of Justice. 6 August 2015.
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358:a state-operated registry
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411:See Section 652E of the
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455:Fourth Edition, p. 86.
328:, refers to a claim to
519:Stony Brook University
243:appearance of legality
513:May 14, 2012, at the
401:The actor acted with
324:"Color of title", in
314:malfeasance in office
269:Further information:
218:legitimate authority
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508:Invasion of Privacy
485:Winter, Steven L.
428:Qualified immunity
370:Personality rights
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