View Single Post
  #1 (permalink)  
Old April 16th, 2008
awkx's Avatar
awkx awkx is offline
Super Member
PAFOA Gold Supporter
 
Join Date: Mar 2007
Location:
Pittsburgh, Pennsylvania
(Allegheny County)
Age: 25
Posts: 691
Rep Power: 32
awkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond reputeawkx has a reputation beyond repute
Default Civil action for deprivation of rights committed by Nutter / Philly PD?

PA has a criminal statute regarding unlawful deprivation of rights (Official
Oppression, § 5301), but is there a parallel civil action whereby the
injured person can sue for damages?

Federal law provides such a remedy (42 U.S.C. 1983), but it seems to only
apply to rights protected by the US Constitution or federal laws, not state laws.
Quote:
Every person who, under color of [law], subjects [any person] 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...
If the PA General Assembly wants to do something about Philly's flouting of
state law, then it can enact such a civil remedy if one doesn't already exist.
Reply With Quote