United States law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...

, the term color of law denotes the "mere semblance of

legal right Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental right ...

," the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal action contravenes the law. Under color of authority is a legal phrase used in

North America North America is a continent in the Northern Hemisphere and almost entirely within the Western Hemisphere. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and the Car ...

indicating that a person is claiming or implying the acts they are committing are related to and legitimized by his or her role as an agent of governmental power.

Color of law

Color of law refers to an appearance of legal power to act that may operate in violation of law. For example, if a

police officer A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...

acts with the "color of law" authority to arrest someone, the arrest, if it is made without

probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...

, may actually be in violation of law. In other words, just because something is done with the "color of law" does not mean that the action was lawful. When police are suspected of acting outside their lawful authority and violating the civil rights of a citizen, the

FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...

may be tasked with investigating. The

US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...

has interpreted the

US Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...

to construct laws regulating the actions of the law enforcement community. Under "color of law," it is a crime for one or more persons using power given by a governmental agency (local, state or federal), to deprive or conspire willfully to deprive another person of any right protected by the Constitution or laws of the United States. Criminal acts under color of law include acts within and beyond the bounds or limits of lawful authority. Off-duty conduct may also be covered if official status is asserted in some manner. Color of law may include public officials and non-governmental employees who are not law enforcement officers such as judges, prosecutors, and private security guards.

Deprivation of rights under color of law

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 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 (). 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 (). 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: .

Color of office

"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

malfeasance in office Malfeasance in office is often grounds for a just cause removal of an elected official by statute or recall election. Malfeasance in office contrasts with "misfeasance in office", which is the commission of a ''lawful'' act, done in an officia ...

Color of title

"Color of title", in

property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual pro ...

, refers to a claim to

title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...

that appears valid but may be legally defective. Color of title may arise if there is

evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

, 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

land patent A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publi ...

. 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

title insurance Title insurance is a form of indemnity insurance predominantly found in the United States and Canada which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike ...

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. However, even with land secured by patent, the proper grant of title can be implied by

adverse possession Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usuall ...

, which is the basis for claims exemplified in

Torrens title Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed " indefeasibility") of title of the person recorded on the regist ...

. The Torrens system operates on the principle of "title by registration" in which the act of registering an interest in land in a state-operated registry creates an indefeasible title in the registrant, which, like the land patent, can be challenged only in very limited circumstances.

Appropriation of name or likeness

Although it is a common-law

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

, 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

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...

action with the person's likeness and personal information, rather than the trademark or title, being the subject of the protection. The tort of

false light In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impre ...

involves a misappropriation or "major misrepresentation" of a person's "character, history, activities or belief". Some bodies of law also explicitly mention the estate 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 # The false light would be highly offensive to a reasonable person; and # The actor acted with '' malice''—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. See Section 652E of the

Restatement (Second) of Torts The American ''Restatement of Torts, Second'', is a treatise issued by the American Law Institute. It summarizes the general principles of common law United States tort law. The volumes covering torts are part of the second ''Restatements of the ...

. 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.Common Law Privacy Torts

References