The Eagle Review - Federal

Federal Civil Rights Violations – Lawsuit- Ferrara v. Wallace, et al – LEGAL AUTHORITY EXPLAINED

This publishing is to provide the legal scope of the case filed within the United States District Court, Western District of Texas in San Antonio, Texas.

There will be other publishings addressing the other parts of the civil case, but this is to present the matters in basic form for readers to be able to follow the proceedings and a way to reference key information.

The civil case surrounds itself on the basis that individuals in government and a private citizen (who is employed by the government), conducted themselves in a manner which violates multiple federal laws related to civil rights.

Specifically, the case claims the following federal law violations:

  1. United States Constitution:
    1. 1st Amendment, Religion and Expression
    2. 4th Amendment, Search and Seizure
    3. 6th Amendment, Right of Accused in Criminal Proseuctions
    4. 8th Amendment, Further Guarantees in Criminal Cases
    5. 9th Amendment, Unenumerated Rights
    6. 14th Amendment, Rights Guaranteed, Privileges and Immunities of Citizenship, Due Process and Equal Protection
  2. 18 United States Code (USC):
    1. 241, Conspiracy Against Rights
    2. 242, Deprivation of Rights under Color of Law
    3. 2261A, Stalking
    4. 1201, Kidnapping

The basis of the Federal suit is there must be a Federal law violation; however, because 18 USC 242 allows for expanded language of rights, as identified in the written statue below:

“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, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

The Department of Justice has also explained the language as follows:

“Section 242 of Title 18 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 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.The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.”

Again, what you see explained above is ONLY the deprivation under the color of law., not all of the laws cited for filing the civil suit.

With the “deprivation,” concept in mind, one may need to look at the State statue to see legal requirements, beyond the Federal laws. In this case, the following Texas laws were cited in the filing:

  1. Texas Constitution
    1. Bill of Rights
      1. Section 1, Freedom and Sovereignty of State (the US Constitution is applicable)
      2. Section 3, Equal Rights
      3. Section 8, Freedom of Speech and Press; Libel
      4. Section 10, Right of Accused in Criminal Prosecutions
      5. Section 11, Bail
      6. Section 13, Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts; Remedy of Due Course of Law
      7. Section 15-a, Commitment of Persons of Unsound Mind
      8. Section 19, Deprivation of Life, Liberty, Property, Etc. by Due Course of Law
      9. Section 27, Right of Assembly; Petition for Redress of Grievances
      10. Section 29, Bill of Rights Expected from Powers of Government (The Government’s DUTY to ACT)
      11. Section 30, Rights of Crime Victims
  2. Texas Penal Code (TCP):
    1. 39.02, Abuse of Official Capacity
    2. 36.06, Obstruction or Retaliation
    3. 37.02, Perjury
    4. 37.03, Aggravated Perjury
  3. Other applicable laws as cited within specific complaints in the filing.
    1. Mentioned in the “statement of complaint,” section of the filing, and/or
    2. The defendant list section of the filing where a synopsis of activity,” is provided.

As one can see, there is a lot of legal scope within the case filing. The next publishing will provide a summary of complaint, in its highest level. This is because there is a lot of information within this case; potentially more than most cases filed under 42 USC 1983 (Civil Rights Violation).

Anyone is able to pull the public records of the case by requesting access the Public Access to Court Electronic Records (PACER) and searching for 5:20-cv-01128-FB-RBF

NOTE: typically 42 USC 1983 suits do not reference the 18 USC counterpart; however, the main filing is 42 USC 1983. This means everything should be considered under the same and potentially the reason for standardized forms.