Ohio Revised Code Section 2921.45 bars public servants—which includes federal-government employees—from using their positions to deprive or conspire or try to deprive any person of a constitutional or statutory right. Here is the statute:
Section 2921.45 | Interfering with civil rights.
(A) No public servant, under color of the public servant's office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.
(B) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
Due process is a federally protected civil right under the Fifth Amendment to the Constitution. The U.S. Supreme Court has long held that that right applies to immigrants. Zadvydas v. Davis, 533 U.S. 678, 693 (2001). See also Mathews v. Diaz, 426 U.S. 67, 77 (1976) ( “Even one whose presence in this country is unlawful, involuntary, or transitory is entitled to that constitutional protection.” )
So when ICE officers and their leaders kidnap and even render people to foreign prisons indefinitely, without due process, Ohio prosecutors have the authority to criminally charge them if the crime took place in those prosecutors’ jurisdictions.
When government officials weaponize their departments to go after universities, schools, or law firms for exercising their First Amendment rights, Ohio prosecutors have the authority to criminally charge those officials where the interference with civil rights is perpetrated against victims in Ohio.
Under the statute, anyone conspiring with or trying to deprive any person of a constitutional or statutory right is just as liable. That could mean the Attorney General of the United States or the Director of Homeland Security.
Or even the President of the United States.
Will any of Ohio’s prosecutors have the fortitude and principle to protect our constitutional rights from federal government civil-rights violations? Will judges understand that the interference-with-civil-rights criminal statute exists to protect us from tyranical goverment officials who violate our rights?
We’ll see.
(And the president lacks the authority to pardon federal officers who are prosecuted under state law.)
Private citizens can initiate these charges for judicial or prosecutorial review.
If you think you have a case, we can help. Contact us.