Using 18 U.S.C. Section 242 to Prosecute Private Security Personnel for Civil Rights Violations: An Analysis

Abstract

This exploratory study examines the use of U.S. federal statute 18 U.S.C. § 242 in criminally prosecuting private security personnel in the United States for violating a person’s rights under the U.S. Constitution. The analysis found that “color of law” is a threshold issue for § 242 prosecutions, whereas, security personnel can be prosecuted when: (a) possessing public sector police powers and using those powers (in an “off-duty” capacity) when employed with a private security firm (i.e., “moonlighting”), (b) statutorily or contractually conferred with exclusive police powers, and (c) willfully participating in a joint actions with public police.