Against these Defendants:

First Deputy Prosecutor Marc E. Guyot from March 23, 3005 to February, 20087: Fourth and Fourteenth Amendments malicious prosecution, Title 18, U.S.C., § 242 Deprivation of Rights Under Color of Law, TITLE 42 U.S.C., 21 § 1986 Action for neglect to prevent,  Title 42, U.S.C., § 14141 Pattern and Practice, Title 42, U.S.C., § 1985 Conspiracy to interfere with civil rights

County of Kauai: Fourth and Fourteenth Amendments malicious prosecution, Title 18, U.S.C., § 242 Deprivation of Rights Under Color of Law, TITLE 42 U.S.C., 21 § 1986 Action for neglect to prevent,  Title 42, U.S.C., § 14141 Pattern and Practice, Title 42, U.S.C., § 1985 Conspiracy to interfere with civil rights

County of Kauai Prosecutors Office: Fourth and Fourteenth Amendments malicious prosecution, Title 18, U.S.C., § 242 Deprivation of Rights Under Color of Law, TITLE 42 U.S.C., 21 § 1986 Action for neglect to prevent,  Title 42, U.S.C., § 14141 Pattern and Practice, Title 42, U.S.C., § 1985 Conspiracy to interfere with civil rights

Kauai County Police Department: Title 42, U.S.C., Section 1983. deprivation of rights Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 Federally Protected Activities

Gilbert V. Asuncion; October 23, 2005: December 13, 2005  Title 42, U.S.C., Section 1982. Property rights of citizens, Title 42, U.S.C., Section 1983. deprivation of rights Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 Federally Protected Activities

David Banquel; October 24, 2005: Title 42, U.S.C., Section 1983. deprivation of rights Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law

 Sgt. Richard Rosa; December 13, 2005, December 14, 2005: Title 42, U.S.C., Section 1983. deprivation of rights Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 Federally Protected Activities

 Sgt. Agni; October 23, 24 2005 and December 13, 2005, December 14, 2005: Title 42, U.S.C., Section 1983. deprivation of rights Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 Federally Protected Activities

 Officer Okamoto;  December 14, 2005: Title 42, U.S.C., Section 1983. deprivation of rights Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law

 Officer Nelson Gabriel;   December 14, 2005: Title 42, U.S.C., Section 1983. deprivation of rights Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law

 Officer Steven Vinzant: March 5 and 6 2006: Title 42, U.S.C., Section 1983. deprivation of rights, Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law , TITLE 42 U.S.C., 21 § 1986 Action for neglect to prevent, Title 42, U.S.C., § 1985 Conspiracy to interfere with civil rights

 Officer Phillip Banquel March 5 and 6 2006: Title 42, U.S.C., Section 1983. deprivation of rights, Title 42, U.S.C., Section 14141 Pattern and Practice, Title 42  U.S.C., Section 1985 Conspiracy to interfere with civil rights Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law , TITLE 42 U.S.C., 21 § 1986 Action for neglect to prevent, Title 42, U.S.C., § 1985 Conspiracy to interfere with civil rights

WHAT THE LAW SAYS:

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States.

"Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, state or federal). 

Criminal acts under color of law include acts not only done by local, state, or federal officials within the bounds or limits of their lawful authority, but also acts done beyond the bounds of their lawful authority. Off-duty conduct may also be covered under color of law, if the perpetrator asserted their official status in some manner. 

Color of law may include public officials who are not law enforcement officers, for example, judges and prosecutors, as well as, in some circumstances, non governmental employees who are asserting state authority, such as private security guards. 

While the federal authority to investigate color of law type violations extends to any official acting under "color of law", the vast majority of the allegations are against the law enforcement community. 

The Fourth Amendment of the United States Constitution guarantees the right against unreasonable searches or seizures.

An unlawful detention or an illegal confiscation of property would be examples of such an abuse of power.

An official would violate the color of law statute by fabricating evidence against or conducting a false arrest of an individual. That person's rights of due process and unreasonable seizure have been violated. In the case of deprivation of property, the official would violate the color of law statute by unlawfully obtaining or maintaining the property of another. In that case, the official has overstepped or misapplied his authority.

The Fourteenth Amendment secures the right to due process and the Eighth Amendment also prohibits the use of cruel and unusual punishment. In an arrest or detention context, these rights would prohibit the use of force amounting to punishment (summary judgment). The idea being that a person accused of a crime is to be allowed the opportunity to have a trial and not be subjected to punishment without having been afforded the opportunity of the legal process.

The public entrusts its law enforcement officials with protecting the community. If it is shown that an official willfully failed to keep an individual from harm that official could be in violation of the color of law statute.

A breakdown of U.S. Constitutional Rights Violated:

Action for neglect to prevent


Every person who (Mayor Baptiste and County Attorney Jim Itamura, Kauai Police Commissioners and many other departments), having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action
 

REFUSED TO RENDER AID link

 

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, 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.

Assault by Officer Gilbert V. Asuncion at Koloa Elementary

1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:

a) A voter, or person qualifying to vote...;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

c) an applicant for federal employment or an employee by the federal government;

d) a juror or prospective juror in federal court; and

e) a participant in any program or activity receiving Federal financial assistance.

2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:

a) A student or applicant for admission to any public school or public College;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;

c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;

d) a juror or prospective juror in state court;

e) a traveler or user of any facility of interstate commerce or common carrier; or

f) a patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters...or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises.

3) Prohibits interference by force or threat of force against any person because he/she is or has been, or in order to intimidate such person or any other person or class of persons from participating or affording others the opportunity or protection to so participate, or lawfully aiding or encouraging other persons to participate in any of the benefits or activities listed in items (1) and (2), above without discrimination as to race, color, religion, or national origin.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results 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 subject to imprisonment for any term of years or for life or may be sentenced to death
 

(b) Attorney's fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318 (20 U.S.C. 1681 et seq.), the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb et seq.), the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or section 13981 of this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, except that in any action brought against a judicial officer for an
act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction.

(c) Expert fees In awarding an attorney's fee under subsection (b) of this section in any action or proceeding to enforce a provision of
section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney's fee.

Section 1985. Conspiracy to interfere with civil rights

(1) Preventing officer from performing duties
If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;

(2) Obstructing justice; intimidating party, witness, or juror If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner,
the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3) Depriving persons of rights or privileges
If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the
United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.