CHP 11

Question 1

The federal tort claims act

Answer 1

waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers

Question 2

the U.S government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:

Answer 2

the federal tort claims act

Question 3

the legal doctrine of holding employers liable for wrongs committed by employees who are acting in the scope of employment is known as:

Answer 3

respondeat superior

Question 4

how do victims of government violations of individuals constitutional rights sue for damages

Answer 4

by becoming plaintiffs in a civil action

Question 5

what are lawsuits against individual law enforcement officers called

Answer 5

bivens actions

Question 6

All of the following are stages of internal review except

Answer 6

arbitration

Question 7

prosecutors enjoy different types of immunity depending on the type of action they are engaged in at the time of the misconduct. what is this type of immunity called

Answer 7

functional immunity

Question 8

bivens actions are:

Answer 8

constitutional tort actions against federal officers

Question 9

in beltran v city of el paso 2004 the court ruled that

Answer 9

a 911 operator had no affirmative duty to protect a mother and daughter from their husband and father who murdered them

Question 10

SCOTUS has put which of the following limitations on 1983 actions

Answer 10

they can only be brought for deliberate acts.

Question 11

heightening the possibility of a successful bivens action requires the plaintiff to prove that an officer was acting under the color of the law and that the officer

Answer 11

deprived the person of a constitutional right

Question 12

according to the defense of official immunity an officer is personally liable

Answer 12

for any willful or malicious misconduct

Question 13

which legal doctrine prohibits people from suing the government without its consent

Answer 13

sovereign

Question 14

the first us —— case was deshaney v winnebago county department of social services

Answer 14

duty to protect

Question 15

who are always protected by absolute immunity from civil lawsuits while they are performing their official duties

Answer 15

judges

Question 16

According to SCOTUS, there is an exception to the no-duty-to-protect rule called the special-relationship exception. That special relationship is:

Answer 16

custody

Question 17

what must the prosecution prove to charge police officers with a crime?

Answer 17

Criminal Intent

Question 18

the most common mechanism for holding police officers accountable for their misconduct is

Answer 18

administrative review and discipline

Question 19

internal review of police misconduct involves

Answer 19

review by special officers in the department

Question 20

police officers and government agencies cannot be sued for failing to stop private people from inflicting injuries on others. this is known as as the

Answer 20

no affirmative duty to protect rule

Question 21

when the government takes people into custidy against their will, the government

Answer 21

must protect them because a special relationship has been created with the people in custody who cannot protect themselves

Question 22

victims of unconstitutional conduct by police officers can bring civil actions to collect damages for injuries suffered. who can the victims sue for damages?

Answer 22

any or all of them can be sued

Question 23

according to the defense of —–, individual officers can’t be held personally liable for their official actions if the actions meet the test of objective legal reasonableness

Answer 23

qualified immunity