Associate
For Derrick
History does not die
It is a witness
With fingers unfurled
Dawn’s first light
The burdened chest
The clenched fist
Wisps of grass, dirt
History stands
Tall and handsome
It sings “rise, rise!”– M.H.
The Ku Klux Klan Act of 1871, also known as the Third Enforcement Act, was a landmark law passed during the Reconstruction era to combat racial violence and protect civil rights. It empowered the federal government to prosecute individuals conspiring to deprive citizens of their rights, deploy troops to suppress the Ku Klux Klan, and suspend habeas corpus in areas of severe unrest.
Enforcement dismantled the Klan during its “first era” and safeguarded African Americans’ rights to vote, hold office, and receive equal protection under the law. Today, key provisions of the act remain in use today, including 42 U.S.C. § 1983 and § 1985, critical civil rights statute. The latter protects individuals against conspiracies intended to deprive them of their constitutional rights.
In Sarah Miles et. al v. Clackamas County et. al, the Honorable Stacie F. Beckerman ruled that plaintiffs sufficiently alleged that some police officers, conspired to use excessive force against Sarah’s son Derrick Clark, motivated by racial animus, and denied some officers motion to dismiss the Section 1983 equal protection claim. A copy of the order is available in the Oregonian’s article which is linked here. https://www.oregonlive.com/crime/2025/01/racial-animus-claim-against-clackamas-county-swat-in-death-of-black-man-can-proceed-to-trial.html?outputType=amp
As to some officers, the Court also found that multiple conspiracies under Section 1985, including excessive force, the use of explosive devices and a canine, and the failure to render aid, were adequately supported by the facts presented.
This case demonstrates that the Ku Klux Klan Act of 1871 remains a powerful tool in addressing civil rights violations, particularly those involving racial discrimination and conspiracy among state actors. It underscores the Act’s lasting impact on American civil rights law and its continued relevance in addressing systemic issues of racial bias and excessive force in law enforcement.
