Does the Sheriff and two deputies that were tried and convicted of torture

[Winterblues]

for water boarding prisoners in 1983 in Texas have a case for false imprisonment since what they did was not really a crime but only "harsh interrogation"? Can they now sue the government for false imprisonment?

[lamp_shade]

1. I sure hope they do.

[merh]

2. No - they were found guilty of violating the civil rights of the

prisoners under their care. They were not charged with torture.

Those prisoners were US citizens and the legal argument is, the citizens have rights that the detainees, non-US citizens, do not enjoy.

[Winterblues]

3. So IOW simple college "hazing" is a violation of civil rights

At least that is how the right wing insinuates water boarding is akin to.

[merh]

4. Most states have criminalized hazing.

The crime becomes a federal concern or criminal matter when the hazing involves a federal crime (one that allows the feds to claim jurisdiction). Hazing done when the victim is kidnapped would be subject to federal prosecution.

Hazing is assault and assaults have always been crimes, there are just degrees which determine the charge and/or potential sentence.

"Under the color of the law" is also a phrase which allows some state crimes to be tried by the federal government. Title 18 USC 242 is the federal statute making it a crime to deprive any person of their rights "under color of law." That is, if someone holding a position of trust or authority misuses their office and violates someones civil rights. (Police officers, prison guards, sheriffs would be a "position of trust".)

To waterboard a prisoner is to subject them to cruel and inhuman treatment, it is a violation of the 8th Amendment and thus, it violates their civil rights.