Under color of authority is a legal phrase indicating that a person is claiming, or allowing to be inferred, that the acts he or she is committing are related to and legitimized by their role as a legitimately appointed agent of governmental power.
The phrase can be used in reference to lawful acts or unlawful acts. The statutes that define what powers police officers can exercise in the course of their duty will often include that the officer must be acting "under the color of authority." On the other hand, charges of police brutality will often include the formal charge of assault "under color of authority', as they did in the Rodney King case.
Under the first paragraph they certainly are-that is, if an Indian can be entitled to it at all-because they are in custody of a federal officer, undercolor of authority of the United States.
And they may be entitled to the writ under the other paragraph, before recited, for the reason, as they allege, that they are restrained of liberty in violation of a provision of their treaty, before referred to.
Being restrained of liberty undercolor of authority of t the United States, and in violation of the laws thereof, the relators must be discharged from custody, and it is so ordered.
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