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To: CyberAnt
Someone may have already answered this question, but I was too lazy to look down the entire list. Basically 42 USC 1983 gives individuals a cause of action in Federal Court against any person who while acting under color of law violates the constitutional rights of another person. For instance, if a police officer arrests me for burning an American Flag in protest, I have a law suit against him for my damages. Note that a police officer is acting under the authority of the government and the U.S. Supreme Court says that I have a constitutional right to burn an American Flag.

Here Mr. Limbaugh has a right to keep his plea negotiations private as part of his due process rights, but the DA blabbled them anyway, thus jeopardizing his right to a fair trial. If in fact the Florida State Bar told the DA that he could not do that and the DA did it anyway and then lied about what the State Bar had told him, then not only is he liable in a civil action, but he is liable to loose his license to practice law on two grounds: 1)Blabbing when he should have kept quiet; and, 2) Lying about what the State Bar had told him.

Either way the guy is scumm and I hope he is toast.
196 posted on 01/27/2004 2:35:38 PM PST by Backwoods Southern Lawyer
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To: Backwoods Southern Lawyer
Thanks for the info .. I thought that was correct that the USC would trump any state statute, but I wasn't sure.
199 posted on 01/27/2004 2:45:56 PM PST by CyberAnt ("America is the GREATEST NATION on the face of the earth")
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To: Backwoods Southern Lawyer; CyberAnt
If the police officer was acting under the direction or with the complicity of his superiors, you can also sue them and the city or county. Political subdivisions of a state are 'persons' for the purposes of Section 1983 actions.
204 posted on 01/27/2004 3:36:00 PM PST by connectthedots (John Calvin WAS NOT a Calvinist.)
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