42 U.S.C. § 1983
42 U.S.C. § 1983, popularly known as "Section 1983," is a federal law that allows lawsuits for violations of constitutional rights.
Statutory Language
42 U.S.C. §1983 authorizes lawsuits against state officials, local officials, and sometimes local governments for violating federal constitutional and statutory rights. The text of the statute is as follows:
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 ....
Supreme Court Standard
Chief Justice William Rehnquist wrote for a nearly unanimous Court:[1]
Section 1983 provides a federal cause of action against any person who, acting under color of state law, deprives another of his federal rights. 42 U.S.C. § 1983. In order to prevail in a § 1983 action for civil damages from a government official performing discretionary functions, the defense of qualified immunity that our cases have recognized requires that the official be shown to have violated "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 73 L. Ed. 2d 396, 102 S. Ct. 2727 (1982). Thus a court must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation.
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Having met every stipulation required in order to speak to the Called Commission Assembly it is obvious that the County Executive in collusion with the County Attorney has conspired to violate my civil rights of political speech. In so doing the County Executive's misuse of her position and power has violated the most basic of Constitutional Rights of every citizen in this county. It can not go unchallenged.
Statutory Language
42 U.S.C. §1983 authorizes lawsuits against state officials, local officials, and sometimes local governments for violating federal constitutional and statutory rights. The text of the statute is as follows:
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 ....
Supreme Court Standard
Chief Justice William Rehnquist wrote for a nearly unanimous Court:[1]
Section 1983 provides a federal cause of action against any person who, acting under color of state law, deprives another of his federal rights. 42 U.S.C. § 1983. In order to prevail in a § 1983 action for civil damages from a government official performing discretionary functions, the defense of qualified immunity that our cases have recognized requires that the official be shown to have violated "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 73 L. Ed. 2d 396, 102 S. Ct. 2727 (1982). Thus a court must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established at the time of the alleged violation.
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Having met every stipulation required in order to speak to the Called Commission Assembly it is obvious that the County Executive in collusion with the County Attorney has conspired to violate my civil rights of political speech. In so doing the County Executive's misuse of her position and power has violated the most basic of Constitutional Rights of every citizen in this county. It can not go unchallenged.
24 Comments:
Every stipulation EXCEPT meeting the deadline goofball.
Why don't run for dogcatcher so you can get defeated at that too. Maybe someone will move those signs too. HA HA HA.
I think he is writing of the most recent refusal in which every deadline was met. Who knows maybe there are some laws that read "Allen Barret may not speak at public meetings in Giles County, TN, ever!".
You people are more than a little scary to me. Your bitterness toward one private citizen who is not afraid to sign his name behind his beliefs like you cowards, a man who is not afraid to question elected officials, who publicly allows himself to be ridiculed to help protect YOUR rights, is far more important to you that the most basic tenets of the United States Constitution. Your remarks made under the cowardly anonymous name are allowed because of people like Mr Barret who is not cowardly. So you don't agree with him, big deal. Why do you keep coming back to HIS blog. Start your own created solely for the purpose of assassinating his character. That is apparently the only civil liberty you care about anyway. Every service man or woman who has served and died for our country is being vilified by you folks who think that this situation is even remotely close to ethical, legal, or has a slightest hint of human decency. I rarely agree with Mr. Barrett's politics but as an American, I am impressed that he has the knowledge ability and character to exercise his rights that many of you claim to have fought for. If you think VanZant had a right to do this, you are far worse than any socialist, you've crossed the line into communism and "big brother" is watching. You are apparently happy about that thinking that because Mr Barrett signs his name and you are too scared too, that the thought police won't know who you are: Read "1984" again. They know who you are. Don't call yourself a patriotic American if you deny any American his basic rights. It's a new low for you all, especially Janet who just basically said, "to He_ _ with the Bill of Rights. My cohorts and I do as we please." A picture from the Wizard of Oz just popped in my head, the wicked witch rubbing her hands over the crystal ball watching her flying monkeys as she squeals "I'll get you my pretty..." Lot of flying monkeys on the commission and in the community. Be careful what you wish for pre-commies; Martial Law could be closer than you think.
Burton H. Barr
Lynnville Tn
Well, Instead of Mr Barret carrying the can for us all maybe it is time for a class-action lawsuit on behalf of ALL the citizens of Giles County? It needs to be a motion for OUSTER to get Ms VanZant removed from office entirely .
It needs to happen SOON so that she doesnt get to complete her term in office and then she wont get her cushy pension ...
Hands UP everyone who is prepared to commit $$ to make this happen ..
I don't understand why some or all of the commissioners are letting this happen are they all scared are do they think this is right?
I can imagine them all being scared but I can't believe they all think this is right.
10:22 Where do we send the money? To the enabler?
I am totally confident that Mr. Barrett's approach is the biggest reason that he has no credibility. He has a lot to offer. He just can not make it happen.
That he requests to speak is a bad approach, or that he raises his hand and is ignored intentionally? What approach do you suggest.
I am sure that the County Executive is acting according to the law as determined by the County Attorney. Barrett is wanting to discuss a dead issue. They don't have time to hear it.
This comment has been removed by a blog administrator.
10:34 Aren't you cute. Find up standing citizen.
Have another drink of the enablers kool-aid.
10:34 you do not speak for me, period.
I think Burt Barr is a made up name. It is no different to post under anonymous than a fake name. There is no record of him in Lynnville or anywhere else.
6:55. Burton Barr has to be made up. It's probably Barrett. hahaha.
11:48 i guarantee you that i paid more in taxes last year than you have in the past 5 combined.....i have no criminal record...so yes, i am a good upstanding citizen..oh......and 'find' should be 'fine' in your post. You obviously arent well educated, are you??? Im also not associated with the enabler. She is as nuts as barrett.
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W. D. Smith said...
We have a similar situation here in Coffee County. I wrote a letter to the editor against a proposed wheel tax, and as I was going to the Dollar General store in Manchester, the County Mayor saw me, assaulted me, and said "If you know what's good for you, you'll keep your
G-------D mouth shut against a wheel tax!" I filed a police report about it, and have been harrassed as you apparently are here on this forum. Small-minded, ignorant, and unintelligent people like the nitwits running both Giles and Coffee Counties, etc., are the greatest threat to liberty that I have yet seen!
Wednesday, July 27, 2011 9:37:00 AM
This post had one offensive word edited. I did not remove the entire post because of it's importance. If the original poster objects to the edit and request it I will remove the entire post but could not leave such an offensive term up even in a direct quote.
And of course, that's what's important, whether or not Burton Barr is a fake name. The issues raised in the post are totally ignored. No record of him: maybe he is not a criminal, property owner, or registered voter yet. Maybe one of "them foreigners" from Alabama just moved up here to stir up trouble. Maybe a minor, a student who was taught to respect the Constitution but does not have a listed telephone number. Glad to see most of the flying monkeys he referred to still have their priorities in order. Hey, at least Mr. Barr has enough critical thinking skills to make up a name rather than post anonymous. That alone gives him more credibility to me. But keep digging for dirt on this citizen, rather than fix the problem if that's what means the most to some of you. George Orwell was a brilliant man!
Deanna
That is good considering that he was taking jabs at people for posting anonymous and he is using a fake name. Sounds like it might be one of your many characters.
6:55 AM
Daniel Woodard dont show up as living in Lynnville either so its obvious the computer info is not up to date. Assume you searched on line instead of just the phone book?
I googled Daniel Woodard Lynnville, Tn and the first five sights that popped up proved I live here.
DAW
lol "Deanna"... Noticed you liked to make up names in the past.
The first time DAW posted I couldn't find him in Giles County, have since then.
As for Barr or what ever his name is I haven't looked. At least when he post it's different, too many anonymous to tell if same one or different.
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