Williams v. United States, 341 U.S. 97 (1951). · Go Syfert
Williams v. United States, 341 U.S. 97 (1951). Cases Citing This Book View Copy Cite
“it is common practice . . . for private guards or detectives to be vested with policemen's powers.”
966 citation events (101 in the last 25 years) across 79 distinct courts.
Strongest positive: Cole v. Empire City Casino/MGM (nysd, 2019-07-08)
Treatment trajectory · 1951 → 2026 · click a year to view as-of
1951 1988 2026
Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (verbatim quote) Cole v. Empire City Casino/MGM
S.D.N.Y. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is common practice . . . for private guards or detectives to be vested with policemen's powers.
examined Cited as authority (quoted) United States v. Mary McDermott and Alphonse Iannacone (3×)
2d Cir. · 1990 · quote attribution · 3 verbatim quotes · confidence low
williams ii
discussed Cited as authority (rule) Cash v. Myers (MAG+)
M.D. Ala. · 2024 · confidence medium
“A person acts under color of state law when he acts with authority possessed by virtue of his employment with the state,” Griffin v. City of Opa-Locka, 261 F.3d 1295 , 1303 (11th Cir. 2001), or when he “makes clear that he was asserting the authority granted him and not acting in the role of a private person.” Williams v. United States, 341 U.S. 97, 100 (1951).
discussed Cited as authority (rule) Brown v. Girgenti
M.D. Fla. · 2024 · confidence medium
“A person acts under color of state law when he acts with authority possessed by virtue of his employment with the state,” Griffin v. City of Opa– Locka, 261 F.3d 1295 , 1303 (11th Cir. 2001), or when “the manner of his conduct . . . makes clear that he was asserting the authority granted him and not acting in the role of a private person.” Williams v. United States, 341 U.S. 97, 100 (1951). 1 Mr. Brown also filed a twenty-one-page “Initial Brief in Support of Complaint Under 42.
discussed Cited as authority (rule) United States v. Abdelaziz
1st Cir. · 2023 · signal: cf. · confidence medium
See Salinas, 522 U.S. at 66 ("The rule [of lenity] does not apply when a statute is unambiguous or when invoked to engraft an illogical requirement to its text."); id. at 59-60 (holding that the canon of construction requiring a clear statement to alter the federal- state balance of criminal jurisdiction "does not warrant a departure from [§ 666's] terms" where the statute's "text . . . is unambiguous on the point under consideration"); cf. Skilling v. United States, 561 U.S. 358, 412 (2010) (finding no vagueness problem where it was "as plain as a pikestaff that" the conduct at issue would v…
discussed Cited as authority (rule) WALKER v. DIXON
M.D. Ga. · 2020 · confidence medium
“The traditional definition of acting under color of state law requires that the defendant in a [section] 1983 action have exercised power ‘possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.’” Myers v. Bowman, 713 F.3d 1319, 1329 (11th Cir. 2013) (alteration in original) (quoting West v. Atkins, 487 U.S. 42, 49 (1988)). “‘A person acts under color of state law when he acts with authority possessed by virtue of his employment with the state,’ . . . or when ‘the manner of his conduct . . . makes clear that he …
discussed Cited as authority (rule) United States v. Peter Hoffman
5th Cir. · 2018 · signal: cf. · confidence medium
REV. 297, 303–10 (2001) (contrasting prosecutions for schemes “whose purpose was to deprive another of money or property,” a “basic purpose[]” of the mail fraud statute since its inception, with courts’ long struggle to define schemes that deprive another of intangible rights); cf. Skilling, 561 U.S. at 412 (“As to fair notice, whatever the school of thought concerning the scope and meaning of [scheme or artifice to defraud], it has always been as plain as a pikestaff that bribes and kickbacks constitute honest- services fraud.” (quoting Williams v. United States, 341 U.S. 97, …
discussed Cited as authority (rule) United States v. Peter Hoffman
5th Cir. · 2018 · signal: cf. · confidence medium
REV. 297, 303–10 (2001) (contrasting prosecutions for schemes “whose purpose was to deprive another of money or property,” a “basic purpose[]” of the mail fraud statute since its inception, with courts’ long struggle to define schemes that deprive another of intangible rights); cf. Skilling, 561 U.S. at 412 (“As to fair notice, whatever the school of thought concerning the scope and meaning of [scheme or artifice to defraud], it has always been as plain as a pikestaff that bribes and kickbacks constitute honest- services fraud.” (quoting Williams v. United States, 341 U.S. 97, …
discussed Cited as authority (rule) Dustin Myers v. Murry Bowman (2×)
11th Cir. · 2013 · confidence medium
“A person acts under color of state law when he acts with authority possessed by virtue of his employment with the state,” Griffin v. City of Opa-Locka, 261 F.3d 1295 , 1303 (11th Cir. 2001), or when “the manner of his conduct . . . makes clear that he was asserting the authority granted him and not acting in the role of a private person,” Williams v. United States, 341 U.S. 97, 100 , 71 S. Ct. 576, 578 (1951).
discussed Cited as authority (rule) United States v. Stephen G. House
11th Cir. · 2012 · confidence medium
Thus, a law enforcement officer acts under color of law “when he acts with authority possessed by virtue of his employment” with the government, Almand v. DeKalb County, 103 F.3d 1510, 1513 (11th Cir. 1997), or “the manner of his conduct . . . makes clear that he was asserting the authority granted him and not acting in the role of a private person.” Williams v. United States, 341 U.S. 97, 100 , 71 S. Ct. 576, 578 (1951) (holding that a jury could find that a private detective who was qualified as a special police officer had acted under color of law when he flashed his badge while com…
discussed Cited as authority (rule) United States v. Stephen G. House
11th Cir. · 2012 · confidence medium
Thus, a law enforcement officer acts under color of law “when he acts with authority possessed by virtue of his employment” with the government, Almand v. DeKalb Cnty., 103 F.3d 1510, 1513 (11th Cir. 1997), or “the manner of his conduct . . . makes clear that he was asserting the authority granted him and not acting in the role of a private person.” Williams v. United States, 341 U.S. 97, 100 , 71 S. Ct. 576, 578 (1951) (holding that a jury could find that a private detective who was qualified as a special police officer had acted under color of law when he flashed his badge while comm…
discussed Cited as authority (rule) Skilling v. United States
SCOTUS · 2010 · confidence medium
As to fair notice, “whatever the school of thought con­ cerning the scope and meaning of ” §1346, it has always been “as plain as a pikestaff that” bribes and kickbacks constitute honest-services fraud, Williams v. United States, 341 U. S. 97, 101 (1951), and the statute’s mens rea requirement further blunts any notice concern, see, e.g., Screws v. United States, 325 U. S. 91 , 101–104 (1945) (plurality opinion).
discussed Cited as authority (rule) Skilling v. United States (2×)
SCOTUS · 2010 · confidence medium
As to fair notice, “whatever the school of thought con­ cerning the scope and meaning of ” §1346, it has always been “as plain as a pikestaff that” bribes and kickbacks constitute honest-services fraud, Williams v. United States, 341 U. S. 97, 101 (1951), and the statute’s mens rea requirement further blunts any notice concern, see, e.g., Screws v. United States, 325 U. S. 91 , 101–104 (1945) (plurality opinion).
discussed Cited as authority (rule) United States v. Causey (2×) also: Cited "see, e.g."
5th Cir. · 1999 · confidence medium
See Monroe, 81 S. Ct. at 484 (“We conclude that the meaning given ‘color of’ law in the Classic case and in the Screws and Williams case was the correct one; and we adhere to it.”); see also Williams v. United States, 71 S. Ct. 576, 577 (1951) (“The question in this case is whether a special police officer who in his official capacity subjects a person suspected of crime to force and violence in order to obtain a confession may be prosecuted” for conduct under color of law.); id. at 578 (noting that the victim was interrogated pursuant to “an investigation conducted under the aeg…
examined Cited as authority (rule) United States v. Damon Causey, United States of America v. Paul Hardy, Also Known as P, Also Known as Cool and Len Davis (5×) also: Cited "see, e.g."
5th Cir. · 1999 · confidence medium
See Monroe, 81 S. Ct. at 484 ("We conclude that the meaning given 'color of' law in the Classic case and in the Screws and Williams case was the correct one; and we adhere to it."); see also Williams v. United States, 71 S. Ct. 576, 577 (1951) ("The question in this case is whether a special police officer who in his official capacity subjects a person suspected of crime to force and violence in order to obtain a confession may be prosecuted" for conduct under color of law.); id. at 578 (noting that the victim was interrogated pursuant to "an investigation conducted under the aegis of the Stat…
discussed Cited as authority (rule) William Payton v. Rush-Presbyterian-St. Luke's Medical Center, Rick Freeman, Anthony Murray and William Blair
7th Cir. · 1999 · confidence medium
The district court believed that such a heightened pleading standard was "clearly established as a matter of law" by the Supreme Court's decision in Williams v. United States, 341 U.S. 97, 98-99 (1951); see also Davis v. Carson Pirie Scott & Co., 530 F. Supp. 799, 803 (N.D.
discussed Cited as authority (rule) United States v. Lanier
SCOTUS · 1997 · confidence medium
Through Murphy v. Morgan, 914 F. 2d 846, 851 (CA7 1990)); see also Colten v. Kentucky, 407 U. S. 104, 110 (1972) (due process requirements are not “designed to convert into a constitutional dilemma the practical difficulties in drawing criminal statutes both general enough to take into account a variety of human conduct and sufficiently specific to provide fair warning that certain kinds of conduct are prohibited”); Williams v. United States, 341 U. S. 97, 101 (1951) (holding that beating to obtain a confession plainly violates § 242).
discussed Cited as authority (rule) United States v. Elizabeth Lynn Haynes
6th Cir. · 1992 · confidence medium
Action under "color of state law" includes a "misuse of power possessed by virtue of state law and made possible only because the wrongdoer is clothed with authority of state law." Williams v. United States, 341 U.S. 97, 99 (1951).
discussed Cited as authority (rule) United States v. Ronald E. Langer
2d Cir. · 1992 · confidence medium
The Supreme Court has made it perfectly clear that “once a due process right has been defined and made specific by court decisions, that right is encompassed by § 242.” United States v. Stokes, 506 F.2d 771, 774-75 (5 Cir.1975) (citing Screws v. United States, 325 U.S. 91, 104 (1945)); United States v. Price, 383 U.S. 787, 793 (1966) (holding that “an offense under § 242 is properly stated by allegations of willful deprivation, under color of law, of life and liberty without due process of law.”); United States v. McDermott, 918 F.2d 319, 325 (2 Cir.1990), cert. denied, 111 S.Ct. 168…
discussed Cited as authority (rule) Commonwealth v. Leone
Mass. · 1982 · confidence medium
App. 220, 224-225 (1970) (Miranda warnings). 6 Cf. Griffin v. Maryland, 378 U.S. 130, 135-137 (1964) (action of amusement park guard who asserted his authority as deputy sheriff in excluding and arresting black patrons was State action); Williams v. United States, 341 U.S. 97, 99-100 (1951) (beating of suspects by private detective commissioned as special policeman and acting in company of regular policeman, was action “under col- or of state law,” for purpose of criminal action against him).
discussed Cited as authority (rule) Dennis v. Sparks
SCOTUS · 1980 · confidence medium
Kress & Co. was as follows: “The involvement of a state official in such a conspiracy plainly provides the state action essential to show a direct violation of petitioner’s Fourteenth Amendment equal protection rights, whether or not the actions of the police were officially authorized, or lawful; Monroe v. Pape, 365 U. S. 167 (1961); see United States v. Classic, 313 U. S. 299, 326 (1941); Screws v. United States, 325 U. S. 91, 107-111 (1945); Williams v. United States, 341 U. S. 97, 99-100 (1951).
discussed Cited as authority (rule) Fries v. Barnes
2d Cir. · 1980 · confidence medium
In Adickes v. Kress & Co., 398 U.S. 144 , 90 S.Ct. 1598 , 26 L.Ed.2d 142 (1970), the Supreme Court held that a § 1983 claim may be proved by showing that a person acting under color of state law (in that ease a city policeman) collaborated or conspired with a private person (there a lunch-counter waitress) to deprive the plaintiff of a constitutional right (in that case the right to receive equal treatment and service in a place of public accommodation), stating: “The involvement of a state official in such a conspiracy plainly provides the state action essential to show a direct violation …
discussed Cited as authority (rule) Fries v. Barnes
2d Cir. · 1980 · confidence medium
We hold that there is. 7 In Adickes v. Kress & Co., 398 U.S. 144 , 90 S.Ct. 1598 , 26 L.Ed.2d 142 (1970), the Supreme Court held that a § 1983 claim may be proved by showing that a person acting under color of state law (in that case a city policeman) collaborated or conspired with a private person (there a lunch-counter waitress) to deprive the plaintiff of a constitutional right (in that case the right to receive equal treatment and service in a place of public accommodation), stating: 8 "The involvement of a state official in such a conspiracy plainly provides the state action essential to…
discussed Cited as authority (rule) Sparkman v. Mcfarlin
7th Cir. · 1979 · confidence medium
As the Court stated in Adickes: 70 The involvement of a state official in such a conspiracy plainly provides the state action essential to show a direct violation of petitioner's Fourteenth Amendment equal protection rights, whether or not the actions of the police were officially authorized, or lawful; Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961); See United States v. Classic, 313 U.S. 299, 326 , 61 S.Ct. 1031, 1043 , 85 L.Ed. 1368 (1941); Screws v. United States, 325 U.S. 91, 107-111 , 65 S.Ct. 1031, 1038-1040 , 89 L.Ed. 1495 (1945); Williams v. United States, 341 U.S. …
discussed Cited as authority (rule) Sparkman v. McFarlin
7th Cir. · 1979 · confidence medium
As the Court stated in Adickes : The involvement of a state official in such a conspiracy plainly provides the state action essential to show a direct violation of petitioner’s Fourteenth Amendment equal protection rights, whether or not the actions of the police were officially authorized, or lawful; Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961); see United States v. Classic, 313 U.S. 299, 326 , 61 S.Ct. 1031, 1043 , 85 L.Ed. 1368 (1941); Screws v. United States, 325 U.S. 91, 107-111 , 65 S.Ct. 1031, 1038-1040 , 89 L.Ed. 1495 (1945); Williams v. United States, 341 U.S. …
discussed Cited as authority (rule) Wagner v. Simon
W.D. Mo. · 1975 · confidence medium
“Many criminal statutes might be extended to circumstances so extreme as to make their application unconstitutional.” Williams v. United States, 341 U.S. 97, 101 , 71 S.Ct. 576, 579 , 95 L.Ed. 774, 778 (1951).
cited Cited as authority (rule) United States v. Milton Parness and Barbara Parness
2d Cir. · 1975 · confidence medium
E. g., Williams v. United States, 341 U.S. 97, 104 (1951); United States v. Deutsch, 451 F.2d 98, 113-14 (2 Cir. 1971), cert. denied, 404 U.S. 1019 (1972).
discussed Cited as authority (rule) Bond v. County of Delaware
E.D. Pa. · 1973 · confidence medium
The involvement of .a state official in such a conspiracy plainly provides the state action essential to show a direct violation of petitioner’s Fourteenth Amendment equal protection rights, whether or not the actions of the police were officially authorized, or lawful; Monroe v. Pape, 365 U.S. 167 [ 81 S.Ct. 473 , 5 L.Ed.2d 492 ] (1961); see United States v. Classic, 313 U.S. 299, 326 [ 61 S.Ct. 1031, 1042 , 85 L.Ed. 1368 ] (1941); Screws v. United States, 325 U.S. 91, 107-111 [ 65 S.Ct. 1031, 1038-1040 , 89 L.Ed. 1495 ] (1945); Williams v. United States, 341 U.S. 97, 99-100 [ 71 S.Ct. 576,…
discussed Cited as authority (rule) City of St. Petersburg v. Waller
Fla. · 1972 · confidence medium
Any person who with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct: (1) Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior; * * *." (Emphasis supplied.) [18] 340 U.S. 315, 321 , 71 S.Ct. 303, 306, 307 (1950). [19] 448 F.2d 1371 (CCA 10th 1971). [20] Id. at 1373 . [21] 251 F. Supp. 443 (D.C.D.Conn. 1966). [22] Id. at 445 . [23] Id. at 446 . [24] Roth v. U.S., 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 , re…
discussed Cited as authority (rule) Adickes v. S. H. Kress & Co. (2×)
SCOTUS · 1970 · confidence medium
The involvement of a state official in such a conspiracy plainly provides the state action essential to show a direct violation of petitioner's Fourteenth Amendment equal protection rights, whether or not the actions of the police were officially authorized, or lawful; Monroe v. Pape, 365 U. S. 167 (1961); see United States v. Classic, 313 U. S. 299, 326 (1941); Screws v. United States, 325 U. S. 91, 107-111 (1945); Williams v. United States, 341 U. S. 97, 99-100 (1951).
discussed Cited as authority (rule) Weyandt v. Mason's Stores, Inc.
W.D. Pa. · 1968 · confidence medium
Some cases have implied that private individuals who join or cooperate with state officers acting under color of state law may be subject to civil liability under § 1983. 4 In construing the similarly-worded criminal statute, 18 U.S.C. § 242 , the Court does say in Williams v. United States, supra, 341 U. S. p. 100, 71 S.Ct. 576 , that “the aegis of the State” was conferred upon the proceedings by the presence of a regular police officer who was detailed to attend.
discussed Cited as authority (rule) State v. Adkerson
Alaska · 1965 · confidence medium
United States v. Braverman, 373 U.S. 405, 408 , 83 S.Ct. 1370 , 10 L.Ed.2d 444, 447 (1963); United States v. Hood, 343 U.S. 148, 151 , 72 S.Ct. 568 , 96 L.Ed. 846, 849 (1952); United States v. Williams, 341 U.S. 70, 82 , 71 S.Ct. 581 , 95 L.Ed. 758, 767 (1951); Williams v. United States, 341 U.S. 97, 101 , 71 S.Ct. 576 , 95 L.Ed. 774, 788-789 (1951). .For a general treatment of ejusdem generis, see 2 Sutherland, Statutory Construction §§ 4909-14, pp. 395-412 (3d ed. 1943); Gooch v. United States, 297 U.S. 124, 128 , 56 S.Ct. 395 , 80 L.Ed. 522, 526 (1936); United States v. Mescall, 215 U.S. …
discussed Cited as authority (rule) Beauregard v. Wingard (2×)
S.D. Cal. · 1964 · confidence medium
Screws v. United States, 325 U.S. 91, 103-105 [ 65 S.Ct. 1031 , 89 L.Ed. 1495 ]; Williams v. United States, 341 U.S. 97, 101 [ 71 S.Ct. 576 , 95 L.Ed. 774 ].
discussed Cited as authority (rule) People v. Building Maintenance Contractors' Ass'n
Cal. · 1953 · confidence medium
(Williams v. United States, 341 U.S. 97, 101-102 [ 71 S.Ct. 576 , 95 L.Ed. 774 ] ; Dennis v. United States, 341 U.S. 494, 515-516 [ 71 S.Ct. 857 , 95 L.Ed. 1137 ] ; United States v. Petrillo, 332 U.S. 1, 7 [ 67 S.Ct. 1538 , 91 L.Ed. 1877 ] ; Gorin v. United States, 312 U.S. 19, 27-28 [ 61 S.Ct. 429 , 85 L.Ed. 488 ] ; Screws v. United States, 325 U.S. 91, 101 [ 65 S.Ct. 1031 , 89 L.Ed. 1495 ] ; F. & A. Ice Cream Co. v. Arden Farms Co., 98 F.Supp. 180, 187 , and cases cited.) Thus a person who undertakes to evade income taxes by padding his expenses has fair warning that he may violate the law e…
examined Cited as authority (rule) Dennis v. United States (4×) also: Cited "see"
SCOTUS · 1951 · confidence medium
Williams v. United States, 341 U. S. 97, 101-102 (1951); Jordan v. De George, 341 U. S. 223, 230-232 (1951); American Communications Assn. v. Douds, 339 U. S. at 413 ; Screws v. United States, 325 U. S. 91, 101 (1945).
discussed Cited "see" Smith v. Adams
S.D.N.Y. · 2025 · signal: see · confidence high
See 28 U.S.C. § 1915 (e)(2)(B)(ii). 3 Although a private security guard who exercises police powers can be a state actor, such as where a security guard is deputized as a “special patrolman” under the New York City Administrative Code, Rojas v. Alexander’s Dep’t Store, Inc., 654 F. Supp. 856, 858 (E.D.N.Y. 1986) (relying on Williams v. United States, 341 U.S. 97, 99 (1951)), the sole allegation here is that the BRC security guard called the police in response to a conflict.
cited Cited "see" Ellis v. NAICA Housing Development Fund Company, Inc.
S.D.N.Y. · 2025 · signal: see · confidence high
See Rojas v. Alexander’s Dep’t Store, Inc., 654 F. Supp. 856, 858 (E.D.N.Y. 1986) (relying on Williams v. United States, 341 U.S. 97, 99 (1951)).
discussed Cited "see" Vernon Dahl, III v. Jermaine Kilgore
6th Cir. · 2021 · signal: see · confidence high
See Williams v. United States, 341 U.S. 97, 99 (1951) (a private officer who was sent by a superior to work for a private company and “went about flashing his badge” was acting under color of state law).
examined Cited "see" United States v. Rodella (3×)
D.N.M. · 2015 · signal: see · confidence high
See Williams v. United States, 341 U.S. 97, 100 , 71 S.Ct. 576 , 95 L.Ed. 774 (1951); United States v. Guest, 383 U.S. 745, 753-54 , 86 S.Ct. 1170 , 16 L.Ed.2d 239 (1966); United States v. Price, 383 U.S. 787, 793 , 86 S.Ct. 1152 , 16 L.Ed.2d 267 (1966); Anderson v. United States, 417 U.S. 211, 223 , 94 S.Ct. 2253 , 41 L.Ed.2d 20 (1974).
cited Cited "see" Caldwell v. Jones
N.D. Ind. · 2007 · signal: see · confidence high
See id.
examined Cited "see" Myrisia Franklin v. Immigration and Naturalization Service (6×)
8th Cir. · 1996 · signal: see · confidence high
See Williams v. United States, [ 341 U.S. 97 , 71 S.Ct. 576 , 95 L.Ed. 774 (1951) ].
cited Cited "see" Myrisia Franklin v. INS
8th Cir. · 1995 · signal: see · confidence high
See Williams v. United States, [ 341 U.S. 97 (1951)].
examined Cited "see" United States v. Reese (3×)
9th Cir. · 1993 · signal: see · confidence high
See Williams v. United States, 341 U.S. 97 , 71 S.Ct. 576 , 95 L.Ed. 774 (1951); United States v. Guest, 383 U.S. 745 , 86 S.Ct. 1170 , 16 L.Ed.2d 239 (1966); United States v. Price, 383 U.S. 787 , 86 S.Ct. 1152 , 16 L.Ed.2d 267 (1966); Anderson v. United States, 417 U.S. 211 , 94 S.Ct. 2253 , 41 L.Ed.2d 20 (1974). .
examined Cited "see" ca9 1993 (3×)
9th Cir. · 1993 · signal: see · confidence high
See Williams v. United States, 341 U.S. 97 , 71 S.Ct. 576 , 95 L.Ed. 774 (1951); United States v. Guest, 383 U.S. 745 , 86 S.Ct. 1170 , 16 L.Ed.2d 239 (1966); United States v. Price, 383 U.S. 787 , 86 S.Ct. 1152 , 16 L.Ed.2d 267 (1966); Anderson v. United States, 417 U.S. 211 , 94 S.Ct. 2253 , 41 L.Ed.2d 20 (1974) 17 Section 241, in contrast to Sec. 242, does not by its terms require that a defendant be shown to have acted "willfully." Nonetheless, the specific intent analysis of Screws has been extended to apply to conspiracy prosecutions under Sec. 241.
examined Cited "see" State v. Buswell (6×)
Minn. Ct. App. · 1990 · signal: see · confidence high
See Williams v. United States, 341 U.S. 97, 99 , 71 S.Ct. 576, 578 , 95 L.Ed. 774 (1951) (special police officer who operated a detective agency acted under color of law, and not as a private person, when he used brutal methods to obtain confessions from alleged thieves after being hired by a privately-owned company).
examined Cited "see" John v. Norris v. District of Columbia (6×)
D.C. Cir. · 1984 · signal: see · confidence high
See, Williams v. United States, 341 U.S. 97, 101-104 , 71 S.Ct. 576, 579-580 , 95 L.Ed. 774 (1951); Screws v. United States, 325 U.S. 91, 94 , 65 S.Ct. 1031, 1032 , 89 L.Ed. 1495 (1945); Jenkins v. Averett, 424 F.2d 1228, 1231-1232 (4th Cir.1970); Collum v. Butler, 421 F.2d 1257, 1259-1260 (7th Cir.1970).
examined Cited "see" Freedson v. State (3×)
Tex. App. · 1980 · signal: see · confidence high
See Williams v. United States, [ 341 U.S. 97 , 71 S.Ct. 576 , 95 L.Ed. 774 ], supra. But there is no such doubt present in this case.
examined Cited "see" United States v. John McGrath (3×)
2d Cir. · 1977 · signal: see · confidence high
See Williams v. United States, 341 U.S. 97, 102-104 , 71 S.Ct. 576 , 95 L.Ed. 774 (1951). 4 Moreover, McGrath’s objection came too late.
examined Cited "see" Grady Carroll Ouzts v. Maryland National Insurance Company (4×)
9th Cir. · 1974 · signal: see · confidence high
See Williams v. United States, supra, 341 U.S. at 99-100 , 71 S.Ct. at 578 : “It is common practice (citations omitted) for private guards or detectives to be vested with policemen’s powers.
Williams
v.
United States
365.
Supreme Court of the United States.
Apr 23, 1951.
341 U.S. 97
Bart A. Riley submitted on brief for petitioner., Philip Elman argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Mclnerney and Sydney Brodie.
Douglas, Frankfurter, Jackson, Minton, Black.
Cited by 318 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Second Circuit (3)

Lead Opinion

Mr. Justice Douglas

delivered the opinion of the Court.

The question in this case is whether a special police officer who in his official capacity subjects a person suspected of crime to force and violence in order to obtain a confession may be prosecuted under § 20 of the Criminal Code, 18 U. S. C. (1946 ed.) § 52, now 18 U. S. C. § 242.

Section 20 provides in pertinent part:

“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects, or causes to be subjected, any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States . . . shall be fined not more than $1,000, or imprisoned not more than one year, or both.”

The facts are these: The Lindsley Lumber Co. suffered numerous thefts and hired petitioner, who operated a detective agency, to ascertain the identity of the thieves. Petitioner held a special police officer’s card issued by the City of Miami, Florida, and had taken an oath and qualified as a special police officer. Petitioner and others over a period of three days took four men to a paint shack on the company’s premises and used brutal methods to obtain a confession from each of them. A rubber hose, a pistol, a blunt instrument, a sash cord and other implements were used in the project. One man was forced to look at a bright light for fifteen minutes; when he was blinded, he was repeatedly hit with a rubber hose[*99] and a sash cord and finally knocked to the floor. Another was knocked from a chair and hit in the stomach again and again. He was put back in the chair and the procedure was repeated. One was backed against the wall and jammed in the chest with a club. Each was beaten, threatened, and unmercifully punished for several hours until he confessed. One Ford, a policeman, was sent by his superior to lend authority to the proceedings. And petitioner, who committed the assaults, went about flashing his badge.

The indictment charged among other things that petitioner acting under color of law used force to make each victim confess to his guilt and implicate others, and that the victims were denied the right to be tried by due process of law and if found guilty to be sentenced and punished in accordance with the laws of the state. Petitioner was found guilty by a jury under instructions which conformed with the rulings of the Court in Screws v. United States, 325 U. S. 91. The Court of Appeals affirmed. 179 F. 2d 656. The case, which is a companion to No. 26, United States v. Williams, ante, p. 70, and No. 134, United States v. Williams, ante, p. 58, decided this day, is here on certiorari. 340 U. S. 850.

We think it clear that petitioner was acting “under color” of law within the meaning of § 20, or at least that the jury could properly so find. We interpreted this phrase of § 20 in United States v. Classic, 313 U. S. 299, 326, “Misuse of 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 color of state law.” And see Screws v. United States, supra, 107-111. It is common practice, as we noted in Labor Board v. Jones & Laughlin Co., 331 U. S. 416, 429, for 'private guards or detectives to be vested with policemen's powers. We know from the record that that is the policy of Miami, Florida. Moreover, this was an investí-[*100] gation conducted under the aegis of the State, as evidenced by the fact that a regular police officer was detailed to attend it. We need go no further to conclude that the lower court, to whom we give deference on local law matters, see Gardner v. New Jersey, 329 U. S. 565, 583, was correct in holding that petitioner was no mere interloper but had a semblance of policeman’s power from Florida. There was, therefore, evidence that he acted under authority of Florida law; and the manner of his conduct of the interrogations makes clear that he was asserting the authority granted him and not acting in the role of a private person. In any event, the charge to the jury drew the line between official and unofficial conduct which we explored in Screws v. United States, supra, 111, and gave petitioner all of the protection which “color of” law as used in § 20 offers.

The main contention is that the application of § 20 so as to sustain a conviction for obtaining a confession by use of force and violence is unconstitutional. The argument is the one that a clear majority of the Court rejected in Screws v. United States, and runs as follows:

Criminal statutes must have an ascertainable standard of guilt or they fall for vagueness. See United States v. Cohen Grocery Co., 255 U. S. 81; Winters v. New York, 333 U. S. 507. Section 20, it is argued, lacks the necessary specificity when rights under the Due Process Clause of the Fourteenth Amendment are involved. We are pointed to the course of decisions by this Court under the Due Process Clause as proof of the vague and fluid standard for “rights, privileges, or immunities secured or protected by the Constitution” as used in § 20. We are referred to decisions where we have been closely divided on whether state action violated due process. More specifically we are cited many instances where the Court has been conspicuously in disagreement on the illegal char[*101] acter of confessions under the Due Process Clause. If the Court cannot agree as to what confessions violate the Fourteenth Amendment, how can one who risks criminal prosecutions for his acts be sure of the standard? Thus it is sought to show that police officers such as petitioner walk on ground far too treacherous for criminal responsibility.

Many criminal statutes might be extended to circumstances so extreme as to make their application unconstitutional. Conversely, as we held in Screws v. United States, a close construction will often save an act from vagueness that is fatal. The present case is as good an illustration as any. It is as plain as a pikestaff that the present confessions would not be allowed in evidence whatever the school of thought concerning the scope and meaning of the Due Process Clause. This is the classic use of force to make a man testify against himself. The result is as plain as if the rack, the wheel, and the thumb screw — the ancient methods of securing evidence by torture (Brown v. Mississippi, 297 U. S. 278, 285-286; Chambers v. Florida, 309 U. S. 227, 237) — were used to compel the confession. Some day the application of § 20 to less obvious methods of coercion may be presented and doubts as to the adequacy of the standard of guilt may be presented. There may be a similar doubt when an officer is tried under § 20 for beating a man to death. That was a doubt stirred in the Screws case; and it was the reason we held that the purpose must be plain, the deprivation of the constitutional right willful. But where police take matters in their own hands, seize victims, beat and pound them until they confess, there cannot be the slightest doubt that the police have deprived the victim of a right under the Constitution. It is the right of the accused to be tried by a legally constituted court, not by a kangaroo court. Hence when officers wring confessions from the accused[*102] by force and violence, they violate some of the most fundamental, basic, and well-established constitutional rights which every citizen enjoys. Petitioner and his associates acted willfully and purposely; their aim was precisely to deny the protection that the Constitution affords.* It was an arrogant and brutal deprivation of rights which the Constitution specifically guarantees. Section 20 would be denied the high service for which it was designed if rights so palpably plain were denied its protection. Only casuistry could make vague and nebulous what our constitutional scheme makes so clear and specific.

An effort, however, is made to free Williams by an extremely technical construction of the indictment and charge, so as to condemn the application of § 20 on the grounds of vagueness.

The indictment charged that petitioners deprived designated persons of rights and privileges secured to them by the Fourteenth Amendment. These deprivations were defined in the indictment to include “illegal” assault and battery. But the meaning of these rights in the context of the indictment was plain, viz. immunity from the use [*103] of force and violence to obtain a confession. Thus count 2 of the indictment charges that the Fourteenth Amendment rights of one Purnell were violated in the following respects:

. . the right and privilege not to be deprived of liberty without due process of law, the right and privilege to be secure in his person while in the custody of the State of Florida, the right and privilege not to be subjected to punishment without due process of law, the right and privilege to be immune, while in the custody of persons acting under color of the laws of the State of Florida, from illegal assault and battery by any person exercising the authority of said State, and the right and privilege to be tried by due process of law and if found guilty to be sentenced and punished in accordance with the laws of the State of Florida; that is to say, on or about the 28th day of March, 1947, the defendants arrested and detained and caused to be arrested and detained the said Frank J. Purnell, Jr., and brought and caused him to be brought to and into a certain building sometimes called a shack on the premises of the Lindsley Lumber Co., at or near 3810 N. W. 17th Avenue, in said City of Miami, Florida, and did there detain the said Frank J. Purnell, Jr., and while he was so detained the defendants did then and there illegally strike, bruise, batter, beat, assault and torture the said Frank J. Purnell, Jr., in order illegally to coerce and force the said Frank J. Purnell, Jr., to make an admission and confession of his guilt in connection with the alleged theft of personal property, alleged to be the property of said Lindsley Lumber Co., and in order illegally to coerce and force the said Frank J. Purnell, Jr., to name and accuse other persons as participants in alleged thefts of personal[*104] property, alleged to be the property of the said Lindsley Lumber Co., and for the purpose of imposing illegal summary punishment upon the said Frank J. Purnell, Jr.”

The trial judge in his charge to the jury summarized Count 2 as meaning that the defendants beat Purnell “for the purpose of forcing him to make a confession and for the purpose of imposing illegal summary punishment upon him.” He further made clear that the defendants were “not here on trial for a violation of any law of the State of Florida for assault” nor “for assault under any laws of the United States.” There cannot be the slightest doubt from the reading of the indictment and charge as a whole that the defendants were charged with and tried for one of the most brutal deprivations of constitutional rights that can be imagined. It therefore strains at technicalities to say that any issue of vagueness of § 20 as construed and applied is present in the case. Our concern is to see that substantial justice is done, not to search the record for possible errors which will defeat the great purpose of Congress in enacting § 20.

Affirmed.

Mr. Justice Black dissents.

The trial judge charged in part on this phase of the case: “The law denies to anyone acting under color of law, statute, ordinance, regulation or custom the right to try a person by ordeal; that is, for the officer himself to inflict such punishment upon the person as he thinks the person should receive. Now in determining whether this requisite of willful intent was present in this case as to these counts, you gentlemen are entitled to consider all the attendant circumstances; the malice, if any, of the defendants toward these men; the weapon used in the assault, if any; and the character and duration of the investigation, if any, of the assault, if any, and the time and manner in which it was carried out. All these facts and circumstances may be taken into consideration from the evidence that has been submitted for the purpose of determining whether the acts of the defendants were willful and for the deliberate and willful purpose of depriving these men of their Constitutional rights to be tried by a jury just like everyone else.”

Dissent

~ Mr. Justice Frankfurter, Mr. Justice Jackson and Mr. Justice Minton,

dissenting.

Experience in the effort to apply the doctrine of Screws v. United States, 325 U. S. 91, leads Mr. Justice Frankfurter, Mr. Justice Jackson and Mr. Justice Minton to dissent for the reasons set forth in dissent in that case.