Since Monroe v. Pape, supra, this Court has consistently avoided attaching any requirement of ulterior purpose or improper motive to the statement of a cause of action under 42 U.S.C.A. 1983. Cf. Nesmith v. Alford, 5 Cir. 1963, 318 F.2d 110; Pierson v. Ray, 5 Cir. 1965, 352 F.2d 213, reversed on other grounds, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288. Of course, when an essential element of the wrong itself under well established principles of tort law includes the demonstration of an improper motive as in malicious prosecution
"whether Congress, in enacting § 1979, meant to give a remedy to parties deprived
of constitutional rights, privileges and immunities by an official's abuse of
his position. Cf. Williams v. United
States
, 341 U.S. 97; Screws v. United States
, 325 U.S. 91; United States v. Classic
, 313 U.S. 299. We
conclude that it did so intend."
This is Google's cache of http://home.earthlink.net/~malfeasance/id23.html. It is a snapshot of the page as it appeared on Jun 22, 2010 22:26:17 GMT. The current page could have changed in the meantime. Learn more
Text-only versionThese terms only appear in links pointing to this page: http www vsb org profguides actions_jul06 dec06 html
Citizens' Demand For An Investigation of Criminal Conspiracy by Beltway Attorneys and Judges
Ib. Affidavit in Support of Criminal Complaint for Conspiracy
Home | Letter to Congress on the Denial of the Right to Impartial Judicial Review of Misprision of a Felony | Our Purpose | Aug. 28, 2009 Letters to Preseident Obama and Gov. Kaine to Direct Response to Petition for Cert. | U.S. Supreme Court Petition for Cert. to DC Circuit to Oppose Disbarment based on VSBDB Void Order | I. Transmittal Letter to Federal Criminal Complaint Filed in the District of Columbia | Ia. D.C. CRIMINAL COMPLAINT FOR CONSPIRACY BY JUDGES, GOVERNMENT AND BELTWAY LOBBYIST/ATTORNEYS | Ib. Affidavit in Support of Criminal Complaint for Conspiracy | Ic. MEMO IN SUPPORT OF COMPLAINT TO INDICT JUDGES FOR CRIMINAL CONSPIRACY DEPRIVING FATHER OF RIGHTS | II. Transmittal Letter to Federal Criminal Complaint filed E.D. of Virgina | III. Transmittal Letter to Federal Criminal Complaint In Pennsylvania for Misprision of a Felony | IV. Transmittal Letter Federal Criminal Complaint Filed in Colorado for Obstruction of Justice. | V. TRANSMITTAL LETTER TO CRIMINAL COMPLAINT FOR JUDGES CABRANES ET AL. VIOLATING VOID ORDER DOCTRINE | Becoming a Member | Contact Us | Calendar of Events | Members Page | Newsletter | Links
United States District Court District of Columbia ________________________________________________
UNITED STATES OF AMERICA
v.
John G. Roberts, et al.,
________________________________________________)
AFFIDAVIT OF PROBABLE CAUSE IN SUPPORT OF CRIMINAL COMPLAINT
I. INTRODUCTION
1. I am a Citizen
Constitutional basis for legislation
Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce.
[edit] Elements
A Section 1 violation has three elements:[16]
An agreement
which unreasonably restrains competition
and which affects interstate commerce.