In Sec. 242, who can be criminally liable for depriving someone of constitutional rights under color of law?

• A. A private individual
• B. A government actor (law enforcement officer)
• C. A corporation
• D. A non-government organization

Answer: (B)

Deprivation of constitutional rights under color of law targets those who wield official state power. “Under color of law” means using authority granted by the government to enforce, apply, or administer laws. Government actors—such as law enforcement officers and other public officials—have the authority to detain, arrest, search, or otherwise exercise power over individuals. When they willfully deprive someone of a federally protected right while acting in that official capacity, they commit this offense.

Private individuals, corporations, or non-governmental organizations normally don’t have that government-granted authority to deprive rights under color of law, so they aren’t the typical offenders under this statute. They could be liable under other laws or, in some cases, if they act in concert with or as agents of government actors, they might fall under the same rule. But the person who can be criminally liable for this offense in ordinary circumstances is the government actor.