Civil action for deprivation of rights committed by Nutter / Philly PD?

[awkx]

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.

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.

[markheck1]

I think someone would have to sue them personally,

[Sebastian]

In any case, either civil or criminal, they have to enforce the law before there's grounds for a lawsuit and/or criminal charges. It's only a violation of preemption to pass gun control laws, but there's no penalty for doing so.

I wrote a brief explanation here.

[Pa. Patriot]

Originally Posted by Sebastian

It's only a violation of preemption to pass gun control laws, but there's no penalty for doing so.
[/url].

I think that's incorrect, Sebastian.
We have been working on this the last couple weeks, and I'm not prepared to divulge any details yet, but I will say that ss6120 is part of the UFA and any violation clearly falls under § 6119.

Violation penalty.
Except as otherwise specifically provided, an offense under
this subchapter constitutes a misdemeanor of the first degree.
(Dec. 7, 1989, P.L.607, No.68, eff. 60 days)

What we are awaiting a competant answer from is if Nutter has some sort of legislative immunity. As I understand it he does, but that only applies to damages from passed legislation.... not him breaking the law (criminal act) by violating 6120 in doing so.

At any rate, there are some "big names" working in this. Hopefully we will have a solid response and a plan soon.

[Sebastian]

I think what it's going to hinge on is whether the preemption statue intended to create a criminal offense. There's a lot of regulations in the UFA that probably would not be construed as criminal offenses if they were violated. Either way, in order to test that in court, you'd either have to get Lynn Abraham or Tom Corbett to bring charges against Nutter et al, and Abraham has already stated she's not going to do that.

[Pa. Patriot]

Originally Posted by Sebastian

I think what it's going to hinge on is whether the preemption statue intended to create a criminal offense. There's a lot of regulations in the UFA that probably would not be construed as criminal offenses if they were violated. Either way, in order to test that in court, you'd either have to get Lynn Abraham or Tom Corbett to bring charges against Nutter et al, and Abraham has already stated she's not going to do that.

If indeed it is a criminal offense (I contend it is) then anyone can file a private criminal complaint.

[awkx]

Originally Posted by Sebastian

In any case, either civil or criminal, they have to enforce the law before there's grounds for a lawsuit and/or criminal charges. It's only a violation of preemption to pass gun control laws, but there's no penalty for doing so.

I wrote a brief explanation here.

Thanks for your explanation. I understand that there must be an actual violation of one's rights (i.e., enforcement of the Philly gun "laws") before one can file a civil lawsuit for damages. But I still wonder: even if they actually enforce their "laws" against someone, can the offending officials be sued under 42 U.S.C. 1983 (or under another Civil Rights statute)? My understanding was that 42 U.S.C. 1983 only applied to violations of the US Constitution or *federal* laws, not state laws.

[tes151]

Since the so-called laws are null and void ( and a joke ) that cannot and will not be enforced per the DA, what rights could one say they were deprived of? Seems to me the only thing you could do is sue the city and the PD if you are arrested and detained for breaking any of these illegal laws.

[TaePo]

What of commerce interference?

I remember one person posted that they were interested in an assault weapon but the store(s) claimed that they had them in stock but were not willing to sell until the sham laws were clarified further.

If we could produce solid evidence of these refusals, would that be enough? (or additional fuel to the fire, so to speak)

[tes151]

Originally Posted by TaePo

What of commerce interference?

I remember one person posted that they were interested in an assault weapon but the store(s) claimed that they had them in stock but were not willing to sell until the sham laws were clarified further.

If we could produce solid evidence of these refusals, would that be enough? (or additional fuel to the fire, so to speak)

Commerce interference? Did you just make that up, or is that a real charge? I suppose in this world now you could try......