Friday, September 14, 2012

Screws v. United States case brief

Screws v. United States
          1. Facts: Screws was a police officer, who arrested a black person, and beat him to death. He had a personal grudge with this man. He was found guilty of violating 242; depriving the man of the right to life, and due process of law.
          2. Issue: Whether Screws was acting under the “color of law”?
          3. The court holds that: “Misuse or power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under the color of state law.” In this case, Screws had acted under his official duties when he arrested the man, so he acted under the color of law.

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