Natural persons whose rights have been violated by breach of trust have multiple remedies available under constitutional law. Understanding these remedies—and when to use them—is essential for effective constitutional restoration.
Five Remedies for Breach of Trust
"Every person who, under color of any statute... subjects... any citizen... to the deprivation of any rights... secured by the Constitution... shall be liable to the party injured."
Elements:
- Defendant acted under color of state law
- Defendant's conduct deprived plaintiff of constitutional right
- Deprivation caused injury to plaintiff
Remedies: Compensatory damages, punitive damages, injunctive relief, declaratory relief, attorney's fees
Officers who willfully deprive citizens of constitutional rights under color of law face federal criminal prosecution.
§ 241 (Conspiracy Against Rights): Fines and imprisonment up to 10 years for conspiring to deprive rights
§ 242 (Deprivation Under Color of Law): Fines and imprisonment up to 1 year (or life if death results)
"A void judgment may be attacked at any time, in any proceeding, and by any person."
Methods:
- Motion to set aside void judgment
- Independent action to declare judgment void
- Defensive assertion in enforcement proceedings
- Habeas corpus petition (for imprisonment based on void judgment)
Mandamus: Extraordinary writ compelling an officer to perform a ministerial duty required by law (e.g., filing required documents, processing applications)
Prohibition: Extraordinary writ preventing an officer from acting outside lawful authority (e.g., enforcing unconstitutional statute)
For violations by federal officers, Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) created an implied cause of action allowing plaintiffs to sue federal officers for constitutional violations in their individual capacities.
Strategic Guidance: Which Remedy to Use
| Scenario | Recommended Remedy |
|---|---|
| Officer violated clearly established constitutional right | § 1983 action for compensatory and punitive damages |
| Judgment obtained through fraud or without jurisdiction | Collateral attack to declare judgment void ab initio |
| Officer refusing to perform ministerial duty | Writ of mandamus compelling performance |
| Officer acting outside constitutional authority | Writ of prohibition preventing unconstitutional action |
| Willful deprivation of rights with malice | Criminal prosecution under 18 U.S.C. § 241-242 |
- 1.§ 1983 actions provide civil remedy for constitutional violations under color of state law
- 2.Criminal prosecution available for willful deprivation of rights (18 U.S.C. § 241-242)
- 3.Void judgments may be attacked collaterally at any time without limitation
- 4.Extraordinary writs (mandamus, prohibition) compel or prevent officer action
- 5.Strategic remedy selection depends on scenario and desired outcome