Time: Mon May 26 23:41:07 1997
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	Mon, 26 May 1997 17:39:47 -0700 (MST)
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	Mon, 26 May 1997 17:39:30 -0700 (MST)
Date: Mon, 26 May 1997 23:40:00 -0700
To: freedom@memphisonline.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: Suing the buzzards, Title 42 v. Title 18
References: <3.0.1.16.19970526224549.384f63d8@pop.primenet.com>

Be very wary of Title 42 actions, 
because only federal citizens, and
others who are already subject to the municipal
jurisdiction of the federal government,
have standing to sue under those statutes.  

Read 42 U.S.C. 1983 for proof, to wit:

"Rights under 42 USCS sec. 1983 are for 
citizens of the United States and not of state.
Wadleigh v. Newhall (1905, CC Cal) 136 F. 941."

from: "USCA, 42 USC 1983, B. Who is Protected;  Standing.
       Section 853. Generally."

Confer also at "Federal citizenship" in
Black's Law Dictionary, Sixth Edition.

I am proceeding under 18 U.S.C. 241 and 242,
where "person" means "inhabitant" in the
most general sense.  See Legislative History
of these statutes.


/s/ Paul Mitchell
http://www.supremelaw.com



At 07:14 PM 5/26/97 -0500, you wrote:
>Sorry for the oversight, Mr. Mitchell: Hafer v. Melo 112 S.Ct.358
>(1991), opinion by Sandra Day O'Connor. (Case came up from Pennsylvania;
>Hafer was auditor general of the state).
>
>Held: State officials can be subject to personal liability under section
>1983 for even those acts taken under color of state law that are both
>within official's authority and necessary to performance of government
>functions; such liability is not limited to acts taken under color of
>state law that are outside official's authority or not essential to
>operation of state government. --42 U.S.C.A. Sec. 1983


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