Chapter 14 Key terms

Question 1

Bivens action:

Answer 1

a judicially created counterpart to a 1983 action that gives the federal courts jurisdiction over torts involving federal officials

Question 2

defendant:

Answer 2

the person or organization being sued; also called a tort feasor.

Question 3

deliberate indifference:

Answer 3

a legal standard that involves more than negligence; the conscious or reckless disregard of the consequences of one’s acts or omissions.

Question 4

due process:

Answer 4

a guarantee of fairness in legal matters that requires that all legal procedures set by statute and court practice must be followed for every individual, so that there is no prejudicial or unequal treatment.

Question 5

emotionally disturbed persons (EDPs):

Answer 5

individuals suffering from various forms of mental illness that may complicate interactions with police officers.

Question 6

less-lethal weapon:

Answer 6

As their name reflects, less-lethal weapons are used without the intent to cause permanent injury or death. Common less-lethal weapons include chemical weapons such as oleoresin capsicum (OC) or pepper spray, bean-bag guns, net guns that shoot a web around suspects, and controlled energy devices (CEDs) like Tasers.

Question 7

liability:

Answer 7

legal responsibility for a person’s or an organization’s acts or omissions.

Question 8

liberty rights:

Answer 8

rights involving the protection and defense of one’s good name, reputation, and position in the community.

Question 9

litigation:

Answer 9

a lawsuit or another question to the court that resolves a legal matter or question.

Question 10

negligence:

Answer 10

the failure to exercise the care toward another person that a reasonable person would do in the same circumstances; also includes taking action that a reasonable person would not take; negligence is accidental.

Question 11

1983 action:

Answer 11

12. Describe the “balancing test” as referred to in alcohol and drug testing in the workplace.