“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1. “An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260). Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100). One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910). “Citizens may resist unlawful arrest to the point of taking an arresting officers life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed. LikeLike · Seen by 2 Edward Johnston As, A Public Officer Occupies a Fiduciary Relationship to the Political Entity; *63C Am. Jur.2d, Public Officers and Employees, Section 247* “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all American citizens who may need the intervention of the officer. [1]Furthermore, the view has been expressed that all public officers, within whatever branch and whatever the political entity on whose behalf he or she serves. [2] That is, a public officer occupies a fiduciary relationship to level of government and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. [3] And owes a fiduciary duty to the public, as American citizens. [4] It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual, Meaning, no less than the American citizens. [5] Furthermore, it has been stated that any enterprise undertaken by the public official who tends to weaken public confidence and undermine the sense of security for individual rights is against public policy. Fraud in its elementary common law sense of deceit-and this is one of the meanings that fraud bears [483 U.S. 372] in the statute. See United States v. Dial, 757 F.2d, 163, 168 (7th Cir1985) includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary tow. Article 1, section 9 of 1776 Constitution : No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. SUPREME COURT RULING: Police Have No Duty To Protect The General Public gunssavelives.net/.../supreme-court-ruling- 5 CFR 1501.3 - Duties of officers. | Title 5 - Administrative ... law.cornell.edu/cfr/text/5/1501.3 Cached 5 CFR 1501.3 - Duties of officers. CFR; Updates; ... § 1501.3. Duties of officers. (a) ... Statutes at Large, Public Laws, ... 5 CFR 2422.21 - What are the duties and powers of the Hearing ... law.cornell.edu/cfr/text/5/2422.21 Cached 5 CFR 2422.21 - What are the duties and powers of the Hearing Officer? CFR; ... Duties of the Hearing Officer. ... Public Laws, and Presidential ... Code of Federal Regulations gpo.gov/.../collectionCfr.action?collectionCode=CFR Online edition of the Code of Federal Regulations (CFR) annual edition hosted by the U.S. Government Printing Office. 5 CFR 1501.3 - Duties of officers :: Lawserver lawserver/law/country/us/cfr/5_cfr_1501-3 5 CFR 1501.3 - Duties of officers :: Laws and legal information about government employees 5 CFR 2638 : OFFICE OF GOVERNMENT ETHICS AND EXECUTIVE AGENCY ... cfr.regstoday/5cfr2638.aspx Cached ... PROGRAM RESPONSIBILITIES [ 5 CFR ... Ethics under 5 CFR 2635.105. Employee includes officers of the ... by 5 CFR part 2634 to file public ... 5 CFR 410.201 - Responsibilities of the head of an agency ... lawserver/law/country/us/cfr/5_cfr_410-201 Cached ... 5 CFR 410.201 - Responsibilities of the head of an agency ... Code of Federal Regulations: ... Title 5 - Matters Affecting Public Officers and ... What Are the Duties of a Public Relations Officer? | eHow ehow/...7672432_duties-public-relations-officer.html Cached What Are the Duties of a Public Officer?. Public officers come in a variety of forms, ... What Are the Duties of... Public Relations Job Responsibilities. MANUAL: Personnel Chapter Series CC--Commissioned Corps ... dcp.psc.gov/PDF_docs/2611_1.pdf ... Officer Responsibilities and ... and Title 5 CFR Part 5501). PHS commissioned officers as ... Reporting Requirements for Officers Not Covered by Public Law ... 5 CFR 735 : EMPLOYEE RESPONSIBILITIES AND CONDUCT [ 5 CFR 735 ... cfr.regstoday/5cfr735.aspx Cached ... [ 5 CFR ] - PART 735 EMPLOYEE RESPONSIBILITIES AND ... means an officer or employee ... been made available to the general public or will be made ... Code of Federal Regulations List of Subjects archives.gov/federal-register/cfr/subject-title-05.html Cached Public Workshops. If you work with the ... Code of Federal Regulations (CFR) CFR TITLE 5. ... Law enforcement officers Wages 5 CFR Part 532 5 CFR 1501.3 - Duties of officers. | LII / Legal Information Institute law.cornell.edu All government officials and agencies, including all State legislatures, are bound by the Constitution and must NOT create any defacto laws which counter the Constitution:The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, Bills,statutes and codes with arguments concerning class warfare and the definition of a direct tax.Herein...Ohios Doctrine of Governmental Immunity was held unconstitutional and others to numerous to mention. (Civil Rights) (Krause vs Ohio, app 2d 1 L.N.W. 2d 321 1971.) Reich vs State Highway Dept. 336, Mich 617: 194 N.W. 2d 700 197Employees of a city or state are not immune from suit under statute relating civil rights for deprivations of rights on ground that officials were acting within the scope of their ground that officials were acting within the Scope of their responsibilities of performing a discretionary act. (Bunch vs Barnett 376 F.Sup. 23.)Title 28 Section 1391, this section makes it possible to bring actions against government officials and agencies in district court outside D.C. (Civil Rights) (Norton vs Mcshane 14 L.Ed. 2d 274.)A suit in detinue or replevin in personam should lie to gain possession of property seized by the state. (Civil Rights) Stephen, Pleading (3rd Am ed) p. 47, 52, 69, 74; Ames Lectures on legal history, p. 64, 71; Wilkins v. Despard, 5 Term Rep- 112; Roberts v. Withered, % Mod. 193, 12 Mod. 92.
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