Hospitals & Asylums
Civil Rights
Act of 2006
HA-27-1-06
Title
I Civil Rights in the
A. A civil right is an
enforceable right or privilege for an individual, which if interfered with by
another gives rise to an action for injury. Examples of civil rights are
freedom of speech, press, assembly, the right to vote, freedom from slavery and
involuntary servitude, and the right to equality in public places.
1. Discrimination occurs when the civil
rights of an individual are denied or interfered with because of their
membership in a particular group or class. Statutes have been enacted to
prevent discrimination based on a persons race, sex, religion, age, previous
condition of servitude, physical limitation, national origin and in some
instances sexual preference.
2. US Congress must renew interest in civil rights and the rights of institutionalized persons and pretrial defendants, to liberate US citizens from false imprisonment and unlawful institutionalization, under the Model Rules of Community Corrections of 31 January 2006 whereas during the years represented by the section numbers of civil rights statute 1981-2000 the US prison population strangely quadrupled from 503,586 in 1981 to 2,135,901 in 2004.
3. The
4. Having resorted to war in the Civil War (1861-65) the
underlying problems of slavery and violence were not worked out in the American
psyche and 200 years later the US has become haunted again with a sudden prison
population increase to 2.1 million prisoners, the largest such population and
densest in the world. Only Nazi Germany
and Stalin’s
5. Education programs in nonviolence and non interference in the affairs of citizens involved in the common task and public service of criminal defense must be made available to the armed forces, including prosecution, to prohibit the armed conflicts and community conspiracies that frequently erupt regarding the philosophical concept of freedom and establish grounds for the peaceful resolution of legal disputes regarding prisoners.
6. Utmost caution to avoid
violence must taken in this liberation of US prisoners who should be released
to community corrections programs to prevent them from being brainwashed and
used in attacks as warned about in the US
Declaration of Independence that states, “He (King George) has constrained
our fellow Citizens taken Captive on the high Seas to bear Arms against their
Country, to become the executioners of their friends and Brethren, or to fall
themselves by their Hands” and the Rome Statute of the
International Criminal Court that prohibits in Part II Art. 8 (v) “Compelling
a prisoner of war or other protected person to serve in the forces of a hostile
Power (engaged in violence or espionage)”.
7. All prisoners shall be
treated with the respect due to their inherent dignity and value as human
beings. There shall be no discrimination
on the grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status. Conditions shall be created enabling prisoners to undertake
meaningful remunerated employment which will facilitate their reintegration
into the country's labour market and permit them to
contribute to their own financial support and to that of their families. Prisoners
shall have access to the health services available in the country without
discrimination on the grounds of their legal situation. With the participation
and help of the community and social institutions, and with due regard to the
interests of victims, favourable conditions shall be
created for the reintegration of the ex-prisoner into society under the best
possible conditions.
B. The Civil
Rights Act of
1. The Civil Rights Acts were drafted to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.
2. Civil Rights Act of 21
November 1991 (Pub. L. 102-166) amended the Civil Rights Act
of 1964 to strengthen and improve Federal civil rights laws, to provide for
damages in cases of intentional employment discrimination, to clarify
provisions regarding disparate impact actions, and for other purposes.
C. The Voting Rights Act, adopted initially in
1965 and extended in 1970, 1975, and 1982, is generally considered the most
successful piece of civil rights legislation ever adopted by the United States
Congress. The Act codifies and effectuates the 15th Amendment of 3 February
1870 permanent guarantee that, throughout the nation, no person shall be denied
the right to vote on account of race or color and assigns
federal observers to oversee the conduct of elections, that took nearly a
century to implement. The women’s suffrage movement was successful
in securing their voting rights in the 19th Amendment of
D. The most important
expansion of civil rights in the United States was the enactment of the
Thirteenth and Fourteenth Amendments. The Thirteenth Amendment abolished
slavery throughout the United States. (http://www.law.cornell.edu/constitution/constitution.amendmentxiii.html)
In 1854, the Republican
Party included the abolition of slavery in its manifesto and the southern
states seceded from the union in rebellion against freedom when Abraham
Lincoln, the Republican candidate was elected to the presidency in 1860.
Section 1.
Neither slavery nor involuntary servitude except as punishment for a
crime whereof the party shall have been duly convicted,
shall exist within the
Section 2. Congress shall have the power to enforce this article by appropriate legislation.
1. Abraham Lincoln had for three
successive nights before he was killed had dreams regarding his impending
assassination and a bodyguard had begged him not to go to Ford’s Theatre as did
most of his friends and generals who said it was too dangerous or had other
excuses that fateful night of 14 April 1865 Abraham Lincoln was shot in the
head and killed by John Wilkes Booth, with a shout of “sic simper tyrannis”, (thus shall it shall ever be for tyrants).
E. Severer punishments for crimes were imposed on the slave than on free persons guilty of the same offenses. Congress, by the civil rights bill of 1866, passed in view of the thirteenth amendment, before the fourteenth was adopted, undertook to wipe out these burdens and disabilities, the necessary incidents of slavery, constituting its substance and visible from; and to secure to all citizens of every race and color, and without regard to previous servitude, those fundamental rights which are the essence of civil freedom, namely, the same right to make and enforce contracts, to sue, be parties, give evidence, and to inherit, purchase, lease, sell, and convey property, as is enjoyed by white citizens.
1. In 1868 the 14th Amendment was passed to counter the "black codes" and ensure that no state "shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States . . . [or] deprive any person of life, liberty, or property without due process of law, [or] deny to any person within its jurisdiction the equal protection of the laws." (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html)
2. The Civil Rights Act of 1875 passed March 1, 1875, entitled 'An act to protect all citizens in their civil and legal rights was overruled and voided in the Civil Rights Cases 109 U.S. 3 (1883) that found that the equal protection of the law does not extend to the individual or private society although Justice Harlan wrote an eloquent dissent that confers responsibility upon all public services whether or not they are provided by private or public corporations. The Act Provided: That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
3.
The Civil Rights Act
of 1957 was the first civil rights legislation since Reconstruction.
The new act established a Civil Rights Section of the Justice Department and
empowered federal prosecutors to obtain court injunctions against interference
with the right to vote. It also established a federal Civil Rights Commission
with authority to investigate discriminatory conditions and recommend
corrective measures.
F.
This Civil Rights Act of 2006, makes only amendments to US Civil Rights
Statute founded in the Civil Rights Act of 1964, this year, but embarks upon a new era of Civil and Human
Rights of Detainees under the Model Rules of Community
Corrections (2006) that seeks to replace Hospitals & Asylums US Code
Chapter 6 Freedman’s Hospital 24USC(6)§261-270, is immediately
publishable to provide guidance to State of the Union for the planning,
consultation, establishment and maintenance of community corrections programs,
of all sizes, in all jurisdictions.
G. The Civil Rights Amendments
under this Act are found in the following two sub-sections, §261C-2 Title II Human Rights and §261C-3 Title III 10 Year Community
Based Corrections Equality Plan, or such derivatives as Congress finds
expedient:
Title
II Human
Rights
For insertion in the first section of Title 42 USC Chapter
21 Subchapter
I General Principles §1980
A. Human rights are indispensable and fundamental to civil
rights, democracy and the rule of law.
It is imperative that the
1. Universal Declaration of Human Rights of December
10, 1948,
2. International Covenant on Economic, Social and
Cultural Rights of 3
January 1976, ratified
3. International
Covenant on Civil and Political Rights of 23 March 1976,
ratified
a. Optional Protocol of 23 March 1976 relating to Human Rights
b.
Second Optional Protocol aiming at the abolition of the death penalty of 15
December 1989
B. The death penalty was abolished by the Supreme Court of the United States in Furman v. Georgia 408 U.S. 238 (1972) when it was ruled that the then existing laws governing the use of capital punishment in the USA were unconstitutional. This decision however failed to sway the legislature and the deviant practice was begun again in 1976 and must again be abolished.
1.
The
2.
As of
3.
The
C. The US must ratify the following Optional Protocols to further the conference the rights embodied in these treaties to the individual.
1. Optional Protocol to the International Covenant on Civil an Political Rights of 23 March 1976 relating to the Human Rights Committee
2. Optional Protocol to the Convention on the Elimination of all Discrimination against Women of 22 December 2000
3. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 February 2003
D. The Human Rights
Council, is led by a High Commissioner of Human Rights. There are 7 Committees to the Human Rights
Commission.
1. Human Rights Committee was established in Part IV of the
International Covenant on Civil and Political Rights of 23
March 1976
2. Committee on Migrant Workers was established in Part VII
of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families 18 December 1990
3. Committee on Economic, Social and Cultural Rights (CESCR), unlike the other
committees, was not established by its corresponding instrument - the
International Covenant on Economic, Social and Cultural Rights of 3 January 1976
4. Committee on the Elimination of Discrimination against
Women (CEDAW), was established in Part V of the Convention on the
Elimination of All Forms of Discrimination against Women 3 September
1981.
5. Committee on the Right of the Child (CRC) was established in Part
II of the Convention on the Rights of the Child of 2 September 1990
7. Committee against Torture (CaT)
was established pursuant to article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
of 26 June 1987
Title III 10 Year Community Based Corrections Equality Plan
For insertion in 42 USC Chapter 21 Subchapter
I-A Institutionalized Persons §1997k
A. This January 2006 the States of the Union are estimated
to detain over 2.1 million prisoners with a total population of 294 million
this means we have the highest density of prisoners with an estimated 724 per
100,000, 0.7%. Between 1980 and 2004 the prison population of the
1. In 1981 there were only 503,586 prisoners 1,118,097 on probation and 220,438 for a total of 1,842,100 people under some sort of criminal justice surveillance.
2. In 2004 there were 713,990 people in jail and 1,421,911 in prison for a total number of adult criminal detainees of 2,135,901 the most in the entire world and 4,151,125 people on probation and another 765,355 on Parole for a total of 6,996,500 under some form of criminal justice surveillance.
B. Civil society must be motivated by the United Nations,
federal, state and local government for the purpose of releasing half of the
prisoners in the
1. Whereas people are not property the theory of just compensation enforces the payment of special awards by the State for any person who can prove that they were innocent or institutionalized for an undue amount of time.
2. The
C. Beginning in 2006 the
1. Blakely v. Washington No.
02-1632 of
2. The equal rights and freedoms of
people under the US Constitution demand that attention be given to human rights
and special politics decolonizing penal institutions, namely community based
corrections programs. In regards to
equal rights 42USC(21)I§1981
states, “all persons within the jurisdiction of the United States shall have
the same right in every State and Territory to make and enforce contracts, to
sue, be parties, give evidence, and to the full and equal benefit of all
laws”.
D. Communities that have more than 400 prisoners per hundred thousand citizens (0.4%) should not permit their politicians from seeking high offices unless they have demonstrated to Federal Election Commission that that their community is firmly committed to a steady reduction of their prison population to local community corrections programs.
1. Peaceful leaders must be found from only the most civilized of American states, firmly grounded in the law and the right to life, to create a future of peace, prosperity and reason for all people.
2.
The
3. The Federal Election Commission must ensure that
judicial and executive candidates of all jurisdictions come from political
parties with “clean hands”. In many
immoral communities the judiciary, and even the police force, has seized a
political party, in these cases the party must be dissolved and reconstituted
in an unarmed political office to ensure that government officials are
non-violent in their philosophy Prosecutor
v. Joe Deters HA-30-12-05
E. Peaceful
cooperation and proportional administration of distributive justice apply for
all communities, counties and parishes in the
1. Jus cogens, the international norm, for penal law, is not
achieved for any geographic region that detains more than 250 prisoners per
hundred thousand (0.25%).
a. This is generally calculated by adding the local jail
population, the state prisoner population from any given county and the federal
prisoner population from any given county multiplying it by 100,000 and
dividing that by the total population.
b. The percentage can be determined by placing the decimal
point where the comma would be if there were at the absolutely critical level
of 1,000 prisoners per 100,000 or dividing the number of adult criminal
detainees from a specific jurisdiction, by the total population for that
jurisdiction.
2. It is conservatively estimated that the
3. Every year the
4. To manage a steady decline of the penal system for ten
years without jeopardizing the peace the
5. The most innocent and reformed prisoners will be released first and
6. In no circumstance should a prisoner be used
or brainwashed to perpetrate a crime against humanity or permitted to carry a
firearm.
F. Any person, including detainees, and people representing the civil rights of prisoners, have the Right to Institute a Civil Action whenever there is reasonable cause to believe that any State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State is subjecting persons residing in a locality or confined to an institution, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or immunities secured or protected by human rights, the Constitution or laws of the United States causing such persons to suffer grievous harm, and that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities.
Title IV General Principles of Civil Rights
A. There is established the United
States Commission on Civil Rights under 42USC(20A)§1975 et seq.
The Commission shall be composed of 8 members. Not more than 4 of the
members shall at any one time be of the same political party. The initial
membership of the Commission shall be the members of the United States
Commission on Civil Rights on
(1) 4 members of the Commission shall be appointed by the President.
(2) 2 members of the Commission shall be
appointed by the President pro tempore of the Senate, upon the recommendations
of the majority leader and the minority leader, and of the members appointed
not more than one shall be appointed from the same political party.
(3) 2 members of the Commission shall be
appointed by the Speaker of the House of Representatives upon the
recommendations of the majority leader and the minority leader, and of the
members appointed not more than one shall be appointed from the same political
party.
B. The term of office of each
member of the Commission shall be 6 years. The term of each member of the
Commission in the initial membership of the Commission shall expire on the date
such term would have expired as of
1. The Commission shall investigate allegations in writing under oath or
affirmation relating to deprivations because of color, race, religion, sex, age, disability, or national
origin; or as a result of any pattern or practice of fraud;
of the right of citizens of the United States to vote and have votes
counted or discrimination or the denials of equal protection of the laws under
the Constitution of the United States because in the administration of justice
under 42USC(20A)§1975a.
C. A new introductory regarding Human Rights shall be
inserted in 42
USC Chapter 21 Subchapter I Generally §1980 under Title II of this Civil
Rights Act of 2006 and 261C-1 of the Model Rules of Community Correction
whereas, “Human rights are indispensable and fundamental to civil rights,
democracy and the rule of law”. To
better understand the general principles of civil rights enumerated in the
Civil Rights Act of 1964, as amended in Subchapter
I, follow:
1.
In regards to Equal Rights 42USC(21)I§1981
states, “all persons within the jurisdiction of the United States shall have
the same right in every State and Territory to make and enforce contracts, to
sue, be parties, give evidence, and to the full and equal benefit of all
laws”.
2. “All citizens shall have the
same right, to inherit, purchase, lease, sell, hold, and convey real and
personal property”, under 42USC(21)I§1982
relating to the Property Right of Citizens.
The V Amendment to the US Constitution states, “Private property shall
not be taken for public use, without just compensation”.
3.
In regards to Civil Actions for Deprivation of Rights under 42USC(21)I§1983
Every person who, under color of any statute,
ordinance, regulation, custom, or usage, subjects, or causes to be subjected,
any citizen 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.
4. If two or more persons in any State
or Territory conspire to prevent, by force, intimidation, or threat, any person
from accepting or holding any office, trust, or place of confidence under the
United States, or from discharging any duties thereof; or if they conspire to
deter, by force, intimidation, or threat, any party or witness in any court of
the United States from attending such court, or from testifying to any matter
pending therein, freely, fully, and truthfully, or to injure such party or
witness in his person or property on account of his having so attended or
testified, or to influence the verdict, presentment, or indictment of any grand
or petit juror in any such court, or to injure such juror in his person or
property on account of any verdict, presentment, or indictment lawfully
assented to or impeding, hindering, obstructing, or defeating, in any manner,
the due course of justice, with intent to deny to any citizen the equal
protection of the laws, or attempting to interfere with the right of any
person, or class of persons, to the equal protection of the laws. Constitutes a Conspiracy to interfere with
Civil Rights under 42USC(21)I§1985 Depriving, either directly or indirectly,
any person or class of persons of the equal protection of the laws, or of equal
privileges and immunities under the laws; or for the purpose of preventing or
hindering the equal protection of the laws.
Particularly assuring the deprivation by force, intimidation, or threat,
any citizen who is lawfully entitled to vote, or from giving his support or
advocacy in a legal manner does not occur
Any act in furtherance of the object of such conspiracy, whereby another
is injured in his person or property, or deprived of having and exercising any
right or privilege of a citizen of the United States, the party so injured or
deprived may have an action for the recovery of damages occasioned by such
injury or deprivation, against any one or more of the conspirators.
5. Every person who, having
knowledge that any of the wrongs conspired to be done, or are about to be
committed, and having power to prevent or aid in preventing the commission of
the same, neglects or refuses so to do, if such wrongful act be committed,
shall be liable to the party injured, or his legal representatives, for all
damages caused by such wrongful act, which such person by reasonable diligence
could have prevented. Such damages may
be recovered in an action on the case; and any number of persons guilty of such
wrongful neglect or refusal may be joined as defendants in the action; and if
the death of any party be caused by any such wrongful act and neglect, the
legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages
therein, for the benefit of the widow of the deceased, if there be one, and if
there be no widow, then for the benefit of the next of kin of the deceased. But
no action under the provisions of this section shall be sustained which is not
commenced within one year after the cause of action has accrued under 42USC(21)I§1986 Action for Neglect to Prevent.
6. For the Prosecution of Violation
of Certain Law under 42USC(21)I§1987
the United States attorneys, marshals, and deputy marshals, and the United
States magistrate judges appointed by the district and territorial courts, with
power to arrest, imprison, or bail offenders, and every other officer who is
especially empowered by the President, are authorized and required, at the
expense of the United States, to institute prosecutions against all persons
violating any of the provisions of civil rights, and to cause such persons to
be arrested, and imprisoned or bailed, for trial before the court of the United
States or the territorial court having cognizance of the offense.
7. Proceedings in Vindication of
Civil Rights under 42USC(21)I§1988
make the jurisdiction in civil and criminal matters conferred on the district
courts for the protection of all persons in the United States in their civil
rights, and for their vindication, shall be exercised and enforced in
conformity with the laws of the United States.
In any action or proceeding to enforce a provision of sections 1981,
1981a,
1982,
1983,
1985,
and 1986
of this title, title IX of Public Law 92–318 [20
U.S.C. 1681
et seq.], the Religious Freedom Restoration Act of 1993 [42
U.S.C. 2000bb
et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [42
U.S.C. 2000cc
et seq.], title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d
et seq.], or section 13981
of this title, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney’s fee as part of the costs,
except that in any action brought against a judicial officer for an act or
omission taken in such officer’s judicial capacity such officer shall not be
held liable for any costs, including attorney’s fees, unless such action was
clearly in excess of such officer’s jurisdiction. In awarding an attorney’s fee under
subsection (b) of this section in any action or proceeding to enforce a
provision of section 1981
or 1981a
of this title, the court, in its discretion, may include expert fees as part of
the attorney’s fee.
8. Every marshal and deputy marshal
shall obey and execute all warrants or other process, when directed to him,
issued. Every marshal and deputy marshal who refuses to receive any warrant or
other process when tendered to him, issued in pursuance of the provisions of
this section, or refuses or neglects to use all proper means diligently to
execute the same, shall be liable to a fine in the sum of $1,000, for the
benefit of the party aggrieved thereby under 42USC(21)I§1990
chastising the Marshal to Obey Precepts and Refusing to Receive or Execute
Process.
9. The district courts of the
10. Every person appointed to
execute process shall be entitled to a fee of $5 for each party he may arrest
and take before any United States magistrate judge, with such other fees as may
be deemed reasonable by the magistrate judge for any additional services
necessarily performed, such as attending at the examination, keeping the
prisoner in custody, and providing him with food and lodging during his
detention, and until the final determination of the magistrate judge; such fees
to be made up in conformity with the fees usually charged by the officers of
the courts of justice within the proper district or county, as near as may be
practicable, and paid out of the Treasury of the United States on the
certificate of the judge of the district within which the arrest is made, and
to be recoverable from the defendant as part of the judgment in case of
conviction under 42USC(21)I§1991
regarding Fees of Persons Appointed to Execute Process.
11. Whenever the President has
reason to believe that offenses have been, or are likely to be committed
against the provisions of civil rights, within any judicial district, it shall
be lawful for him, in his discretion, to direct the judge, marshal, and United
States attorney of such district to attend at such place within the district,
and for such time as he may designate, for the purpose of the more speedy
arrest and trial of persons so charged, and it shall be the duty of every judge
or other officer, when any such requisition is received by him to attend at the
place and for the time therein designated under 42USC(21)I§1992
assuring Speedy Trial.
12.
The holding of any person to service or labor under the system known as
peonage is abolished and forever prohibited and no attempt shall hereafter be
made to establish, maintain, or enforce, directly or indirectly, the voluntary
or involuntary service or labor of any persons as peons, in liquidation of any
debt or obligation, or otherwise, that are declared null and void under 42USC(21)I§1993
13. In all cases of criminal
contempt arising under the provisions of Civil Rights, the accused, upon
conviction, shall be punished by fine or imprisonment or both: Provided
however, That in case the accused is a natural person the fine to be paid shall
not exceed the sum of $1,000, nor shall imprisonment exceed the term of six
months: Provided further, That in any such proceeding for criminal contempt, at
the discretion of the judge, the accused may be tried with or without a jury:
Provided further, however, That in the event such proceeding for criminal
contempt be tried before a judge without a jury and the sentence of the court
upon conviction is a fine in excess of the sum of $300 or imprisonment in
excess of forty-five days, the accused in said proceeding, upon demand
therefore, shall be entitled to a trial de novo before a jury, which shall
conform as near as may be to the practice in other criminal cases under 42USC(21)I§1995
relating to Criminal Contempt Proceedings; Penalties; and Trial by Jury.
14. On and after August 11,
1978, it shall be the policy of the United States to protect and preserve for
American Indians their inherent right of freedom to believe, express, and
exercise the traditional religions of the American Indian, Eskimo, Aleut, and
Native Hawaiians, including but not limited to access to sites, use and
possession of sacred objects, and the freedom to worship through ceremonials
and traditional rites under 42USC(21)I§1996
Protection and preservation of traditional religions of Native Americans. For
many Indian people, the traditional ceremonial use of the peyote cactus as a
religious sacrament has for centuries been integral to a way of life, and
significant in perpetuating Indian tribes and cultures. Since 1965, this ceremonial use of peyote by
Indians has been protected by Federal regulation. Notwithstanding any other provision of law,
the use, possession, or transportation of peyote by an Indian for bona fide
traditional ceremonial purposes in connection with the practice of a
traditional Indian religion is lawful, and shall not be prohibited by the
United States or any State under 42USC(21)I§1996a
relating to the Traditional Indian Religious Use of Peyote.
15. A person or government that is involved in adoption or foster care placements may not deny to any individual the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the individual, or of the child, involved; or delay or deny the placement of a child for adoption or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved under 42USC(21)I§1996b relating to Interethnic Adoption.
Title V Public Places
A. It is the intent of Congress that
deplorable conditions in institutions amounting to deprivations of rights
protected by the Constitution or laws of the
1. A prisoner may bring suit for a
civil action for deprivation of rights.
Whenever the Attorney General has reasonable cause to believe that any
State or political subdivision of a State, official, employee, or agent
thereof, or other person acting on behalf of a State or political subdivision
of a State is subjecting persons residing in or confined to an institution, to
egregious or flagrant conditions which deprive such persons of any rights,
privileges, or immunities secured or protected by the Constitution or laws of
the United States causing such persons to suffer grievous harm, and that such
deprivation is pursuant to a pattern or practice of resistance to the full
enjoyment of such rights, privileges, or immunities, the Attorney General, for
or in the name of the United States, may institute a civil action in any
appropriate United States district court against such party for such equitable
relief as may be appropriate to insure the minimum corrective measures
necessary to insure the full enjoyment of such rights, privileges, or
immunities, under 42USC(21)I-A§1997a
regarding the Initiation of Civil Action.
2. Suits brought about by prisoners
themselves are required to exhaust all administrative remedies. The action is frivolous,
malicious, fails to state a claim upon which relief can be granted, or seeks
monetary relief from a defendant who is immune from such relief. No Federal civil action may be brought
by a prisoner confined in a jail, prison, or other correctional facility, for
mental or emotional injury suffered while in custody without a prior showing of
physical injury. The
court may require any defendant to reply to a complaint brought under this
section if it finds that the plaintiff has a reasonable opportunity to prevail
on the merits. The term
“prisoner” means any person incarcerated or detained in any facility who is
accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole, probation,
pretrial release, or diversionary program under42USC(21)I-A§1997(e)
relating to Suits by Prisoners.
3. The term
“institution” means any facility or institution which is owned, operated, or managed by, or provides services on
behalf of any State or political subdivision of a State; and which
is for persons who are mentally
ill, disabled, or retarded, or chronically ill or handicapped, a
jail, prison, or other correctional facility; a pretrial
detention facility; for juveniles— held awaiting trial; residing in such facility
or institution for purposes of receiving care or treatment; or residing for any State purpose in such facility or
institution (other than a residential facility providing only elementary or
secondary education that is not an institution in which reside juveniles who
are adjudicated delinquent, in need of supervision, neglected, placed in State
custody, mentally ill or disabled, mentally retarded, or chronically ill or
handicapped); or providing
skilled nursing, intermediate or long-term care, or custodial or residential
care under 42USC(21)I-A§1997
B. In regards to Public Accommodations under 42USC(21)II§2000a
all persons shall be entitled to the full and equal enjoyment of the goods,
services, facilities, privileges, advantages, and accommodations of any place
of public accommodation and shall be free of discrimination or segregation on
the ground of race, color, religion, or national origin by any inn, hotel, motel,
or other establishment which provides lodging to transient guests, other than
an establishment located within a building which contains not more than five
rooms for rent or hire and which is actually occupied by the proprietor of such
establishment as their own residence.
C. In 42USC(21)II§2000a-3 relating to Public Facilities: whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any segregation or discrimination, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved. In any action the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.
D. A complaint in writing signed by
an individual to the effect that he is being deprived of or threatened with the
loss of his right to the equal protection of the laws, on account of his race,
color, religion, or national origin, by being denied equal utilization of any
public facility which is owned, operated, or managed by or on behalf of any
State or subdivision thereof and the Attorney General believes the complaint is
meritorious and certifies that the signer or signers of such complaint are
unable, in his judgment, to initiate and maintain appropriate legal proceedings
for relief and that the institution of an action will materially further the
orderly progress of desegregation in public facilities, the Attorney General is
authorized to institute for or in the name of the United States a civil action
in any appropriate district court of the United States against such parties and
for such relief as may be appropriate under 42USC(21)III§2000b
relating to Public Facilities.
E. In 42USC(21)IV§2000c-2
relating to Public Education, the Secretary is authorized, upon the application
of any school board, State, municipality, school district, or other
governmental unit legally responsible for operating a public school or schools,
to render technical assistance to such applicant in the preparation, adoption,
and implementation of plans for the desegregation of public schools. a
complaint in writing signed by a parent
or group of parents to the effect that his or their minor children, as members
of a class of persons similarly situated, are being deprived by a school board
of the equal protection of the laws, or signed by an individual, or his parent, to the effect that he has
been denied admission to or not permitted to continue in attendance at a public
college by reason of race, color, religion, sex or national origin, and
the Attorney General believes the complaint is meritorious notice of such
complaint shall be served on the school board under §2000c-6
F. In 42USCV§2000d
relating to Nondiscrimination in Federally Funded Programs: no person in
the United States shall, on the ground of race, color, or national origin or
sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance. A State shall not be immune under the Eleventh Amendment of the
Constitution of the United States from suit in Federal court for a violation of
section 504 of the Rehabilitation Act of 1973 29USC§794,
title IX of the Education Amendments of 1972 20USC§1681,
the Age Discrimination Act of 1975 42USC§6101,
title VI of the Civil Rights Act of 1964 PL 88-352, or the provisions of any other
Federal statute prohibiting discrimination by recipients of Federal financial
assistance.
G. In 42USC(21)VI§2000e-2 Equal Employment Opportunities it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin. It is furthermore an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management comittee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under §2000e-3.
H. Under 42USC(21)VII§2000f
the Secretary of Commerce shall promptly conduct a survey to compile
registration and voting statistics in such geographic areas as may be
recommended by the Commission on Civil Rights. Such a survey and compilation
shall, to the extent recommended by the Commission on Civil Rights, only
include a count of persons of voting age by race, color, and national origin,
and determination of the extent to which such persons are registered to vote,
and have voted in any statewide primary or general election in which the
Members of the United States House of Representatives are nominated or elected,
since January 1, 1960.
I. In 42USC(21)VIII§2000g-1
it shall be the function of the Community Relations Service to provide
assistance to communities and persons therein in resolving disputes,
disagreements, or difficulties relating to discriminatory practices based on
race, color, or national origin which impair the rights of persons in such
communities under the Constitution or laws of the United States or which affect
or may affect interstate commerce. The Service may offer its services in cases
of such disputes, disagreements, or difficulties whenever, in its judgment,
peaceful relations among the citizens of the community involved are threatened
thereby, and it may offer its services either upon its own motion or upon the
request of an appropriate State or local official or other interested person.
J. In 42USC(21)IX§2000h-1 no person should be put twice in
jeopardy under the laws of the
K. Privacy Protection under 42USC(21A)A§2000aa
is not actually a part of the Civil Rights Statute however it plays an
important supporting role and states: It shall be unlawful for a government
officer or employee, in connection with the investigation or prosecution of a
criminal offense, to search for or seize any work product materials possessed
by a person reasonably believed to have a purpose to disseminate to the public
a newspaper, book, broadcast, or other similar form of public communication, in
or affecting interstate or foreign commerce.
1. This uphold the 4th Amendment
to the US Constitution that states, “The right of people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrant shall issue but upon probable
cause, supported by Oath or affirmation, and particularly describing the place ot be searched, and the persons or things to be
seized.
2. A search or
seizure may be conducted if the offense of section 793,
794,
797,
or 798
of title 18,
or section 2274,
2275,
or 2277
of this title, or section 783
of title 50,
or if the offense involves the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornography, the sexual
exploitation of children, or the sale or purchase of children under section 2251,
2251A,
2252,
or 2252A
of title 18);
3. A search or seizure may be
conducted if there is reason to believe that the immediate
seizure of such materials is necessary to prevent the death of, or serious
bodily injury to, a human being. Or, if
there is reason to believe that the giving of notice pursuant to a subpena duces tecum would result in the destruction, alteration, or
concealment of such materials. Or if
such materials have not been produced in response to a court order directing
compliance with a subpena duces tecum, and— all appellate remedies have been exhausted; or there
is reason to believe that the delay in an investigation or trial occasioned by
further proceedings relating to the subpoena would threaten the interests of
justice.
4. In the event a search warrant is sought the person possessing the materials shall be afforded adequate opportunity to submit an affidavit setting forth the basis for any contention that the materials sought are not subject to seizure.
5. A person having a cause of action
under this section shall be entitled to recover actual damages but not less
than liquidated damages of $1,000, and such reasonable attorneys’ fees and
other litigation costs reasonably incurred as the court, in its discretion, may
award under 42USC(21A)§2000aa-6
relating to Civil Actions by Aggrieved Persons.
L
Congress finds that the framers of the Constitution,
recognizing free exercise of religion as an unalienable right, secured its
protection in the First Amendment to the Constitution. The Civil Rights Acts restore the compelling
interest test set forth in Sherbert v. Verner 374 U.S. 398 (1963) and Wisconsin v. Yoder 406 U.S. 205 (1972) and to guarantee its
application in all cases where free exercise of religion is substantially
burdened under 42USC(21B)§2000bb
relating to Congressional Findings and Declaration of Purposes.
1. A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government under 42USC(21B)§2000bb-1.
2. No government shall impose or
implement a land use regulation in a manner that imposes a substantial burden
on the religious exercise of a person, including a religious assembly or
institution. Nothing shall create any
basis for restricting or burdening religious exercise or for claims against a
religious organization including any religiously affiliated school or
university, not acting under color of law.
Nothing shall authorize a
government to regulate or affect, directly or indirectly, the activities or
policies of a person other than a government as a condition of receiving
funding or other assistance.
3. Nothing shall be construed to
affect, interpret, or in any way address that portion of the first amendment to
the Constitution prohibiting laws respecting an establishment of religion
(referred to in this section as the “Establishment Clause”).
4. Granting government funding,
benefits, or exemptions, to the extent permissible under the Establishment
Clause, shall not constitute a violation of civil rights. In this section, the
term “granting”, used with respect to government funding, benefits, or exemptions,
does not include the denial of government funding, benefits, or exemptions.
5.
No government shall impose a substantial burden on the religious
exercise of a person residing in or confined to an institution under 42USC(21)§2000cc-1
Title VI Criminal
Codification of Civil Rights Statute in the
A. Whoever, whether or not acting under color of law, (spying) by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with any person or any class of persons from:
1. Voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;
2.
Participating in or enjoying any benefit, service, privilege, program,
facility, or activity provided or administered by the
3.
Applying for or enjoying employment, or any perquisite thereof, by any agency
of the
4.
Serving, or attending upon any court in connection with possible service, as a
grand or petit juror in any court of the
5. Participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or
6. Enrolling in or attending any public school or public college;
7. Participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;
8. Applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;
9. Serving, or attending upon any court of any State;
10. Traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;
11. Enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public. 12. Shall be fined or imprisoned not more than one year, or both under 18USC(13)§245 that establishes Federally Protected Activities under civil rights statute.
B. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same They shall be fined under this title or imprisoned not more than ten years, or both under 18USC(13)§241 that prohibits Conspiracy against Rights. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both under 18USC(13)§242 that prohibits Deprivation of Rights under Color of Law.
C. No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selection or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000 under 18USC(13)§243 that prohibits the Exclusion of Jurors on account of Race or Color.
D. Whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined under 18USC(13)§244 that prohibits Discrimination against People Wearing the Uniform of the Armed Forces.
E. Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined or imprisoned not more than one year, or both under 18USC(13)§246 that prohibits the Deprivation of Relief Benefits.
F. Whoever, intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or intentionally obstructs, by force or threat of force, any person in the enjoyment of that person's free exercise of religious beliefs, or attempts to do so; shall be subjected to a fine or imprisonment for not more than one year, or both under 18USC(13)§247 that prohibits Damage to Religious Property and Obstruction of Persons in the Free Exercise of Religious Beliefs.
G. Whoever, by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with any class of persons from, obtaining or providing reproductive health services under 18USC(13)§248 that guarantees Freedom of Access to Clinic Entrances.
H. To address the exigencies of the day and ensure that prisons, correctional programs and corrupt officials do not fight with peace and engage in dangerous and destructive programs of warrant less domestic spying in retaliation against fundamental freedoms and human rights:
1. Spying is prohibited as an intrusion of reserves or violations of rules and regulation under 24USC(3)V§154 that states, All persons who shall unlawfully intrude upon said reserve, or who shall without permission appropriate any object therein or commit unauthorized injury or waste in any form whatever upon the lands or other public property therein, or who shall violate any of the rules and regulations prescribed hereunder, shall, upon conviction, be fined in a sum not more than $1,000, or be imprisoned for a period not more than twelve months, or shall suffer both fine and imprisonment, in the discretion of the court.
2.
The Interception and disclosure of wire, oral, or electronic communication is
prohibited under 18USC(119)§2511 Any person who intentionally intercepts,
endeavors to intercept, or procures any other person to intercept or endeavor
to intercept, any wire, oral, or electronic communication; is a first offense
for the entitled to appropriate injunctive relief; and a second or subsequent
offense shall be subject to a mandatory $500 civil fine for the Recovery of
Civil Damages under 18USC(119)§2520
3. The Foreign Intelligence Surveillance Act of 1978 at 50USC(36)I§1809. establishes that a person is guilty of an offense if he intentionally engages in electronic surveillance under color of law except as authorized by statute; or discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute. It is a defense to a prosecution under subsection that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
This Civil Rights Act has been submitted for the Review and Ratification of the US Congress, ABA and Human Rights Committee on the 27th Day of January 2006 by - Mr. Anthony Joseph Sanders – to warrant the acceptance of HA by His Excellency the Under Secretary General for Economic and Social Affairs - Mr. Jose Antonio Ocampo – in the outcome document of the January 2006 meeting of the NGO Section of the Economic and Social Council.
Sanders,