chapter 1

Question 1

The question in Malley v Briggs, 475 US 335 (1986) is whether a _______ ____-_______ officer in petitioner’s position would have known that his affidavit failed to establish probable cause and that he should not have applied for the warrant.

Answer 1

reasonably well-trained

Question 2

When a civil action is initiated against a police officer or a police administrator, it is generally brought against the ____ ____ of the jurisdiction.

Answer 2

tort law

Question 3

The plaintiff in a tort action must prove what (4) four things?

Answer 3

1. the defendant had a duty;2. the defendant breached that duty;3. there was a casual connection between the breach of duty and the plaintiff’s injury; and4. the injury to the plaintiff resulted from the breach

Question 4

Judgement in a tort action may be rendered by a ______ jury. It only requires preponderance of the evidence to be found liable.

Answer 4

nonunanimous

Question 5

The civil rights statute that provides civil remedies for official misconduct was enacted by Congress in 1871 and is now codified as _____ ___ _____ _____ ____ § ____ and often referred to as _____ actions.

Answer 5

Title 42 United States Code § 1983, 1983

Question 6

To successfully pursue an action in federal court under § 1983 the person who claims injury must establish what (2) two things?

Answer 6

1. the defendant deprived the injured party of “rights, privileges, or immunities” secured by the Constitution; and2. the defendant acted “under color of statute, ordinance, regulation, custom, or usage.”

Question 7

When initiating an action under § 1983, the plaintiff alleges what?

Answer 7

the defendant acted under “color of law” and deprived the plaintiff of constitutional rights

Question 8

The Ninth Circuit Court of Appeals explained that ______ ______ protects government officials in performing ______ ______ from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a _____ _____ would have known.

Answer 8

qualified immunity, discretionary functions, reasonable person

Question 9

Determining whether qualified immunity is entitled, the court provided what two-step analysis?

Answer 9

1. whether the law governing the official conduct was clearly established2. whether, under the law, a reasonable officer could have believed that the conduct was lawful (objectively reasonable)

Question 10

A state law that immunizes government conduct otherwise subject to suit under § 1983 is preempted by the _____ _____ of the US Constitution.

Answer 10

supremacy clause

Question 11

The civil rights statute that provides for criminal charges was enacted in 1886 and is now codified as ____ ___ _____ _____ ____ § _____.

Answer 11

Title 18 United States Code § 242

Question 12

Title 18 § 242 requires that a federal prosecutor introduce evidence to show what three things?

Answer 12

1. person charged acted under color of law;2. there was a deprivation of rights protected by the Constitution or laws of the US; and3. the defendant acted willfully or intentionally to deprive a person of their rights

Question 13

Title 18 § 242 (criminal ) differs from § 1983 (civil) by adding the third requirement that the officer who acted under the color of law did so _____ or _____.

Answer 13

willfully or intentionally

Question 14

The defendant acted willfully if he did so _____, as opposed to _____ or _____.

Answer 14

deliberately, accidentally or negligently

Question 15

Under the _____ _____ doctrine, a master is liable for the acts of a servant.

Answer 15

respondeat superior

Question 16

Vicarious liability makes it essential that supervisors and agencies provide appropriate _____ and _____.

Answer 16

training and oversight

Question 17

A __ ____ policy cannot be established by one act of an officer who is not acting in an official decision making capacity.

Answer 17

de facto

Question 18

If a cause of action is based on accusation of inadequate training, a _____ must be established or substantial proof that the policy was established or acquiesced in by a municipal policymaker.

Answer 18

pattern

Question 19

The doctrine of _____ _____ is inapplicable to § 1983, but municipalities are considered “_____” within the meaning of § 1983 and may be held liable if constitutional harm suffered was a result of official policy, custom, or pattern.

Answer 19

respondeat superior, persons

Question 20

The courts have recognized that municipalities and police administrators have an affirmative duty to ____ the police officers they employee. A breach of that duty, which proximately causes injury to the plaintiff, can result in _____ _____ on the part of the administrator or liability on the part of the agency.

Answer 20

train; person liability

Question 21

SCOTUS agreed with the trial court that a city can be held liable under § 1983 for inadequate training of its employees, but only where the failure to train amounts to _____ _____ to the rights of people with whom the police come into contact.

Answer 21

deliberate indifference

Question 22

In order for municipal liability to attach, there must be a _____ ______ between the failure to train and the ultimate injury and the deficiency in the city’s training program must be closely related to the ultimate injury.

Answer 22

causal connection

Question 23

In order to hold the city or agency liable under § 1983 for failure to train, the plaintiff must introduce evidence that shows what three things?

Answer 23

1. the municipality failed to train the officer for the specific duty assigned;2. the failure to train amounted to deliberate indifference to the rights of person with whom the police officer came into contact; and3. the deficiency in the city’s training program was closely related to the ultimate injury

Question 24

Supervisors may also be liable under § 1983 if they were personally involved in the violation of they ____, ____, or ____ caused the deprivation of the constitutional right by his own action or failure to act.

Answer 24

knowingly, willfully, or recklessly

Question 25

In Samuels v LeFevre, a federal court said that a supervisor can be held liable under § 1983 as being personally involved in what three circumstances?

Answer 25

1. failed to remedy the wrong after hearing of a violation through report or appeal2. created a policy or custom under which the constitutional violations occurred or allowed a custom or a policy to continue; or3. was grossly negligent in managing the subordinates who committed the violations.

Question 26

In 1914, in Weeks v. United States, SCOTUS established the _____ ____. This intially only applied to ____ officers, but was changed in 1961 to include ____ courts also.

Answer 26

exclusionary rule; federal, state

Question 27

SCOTUS noted in Nix v. Williams that the rationale for the exclusionary rule is that the ____ of the unlawful police conduct should be excluded to prevent constitutional breaches.

Answer 27

fruits