lesson 2

Question 1

Remedies

Answer 1

Options

Question 2

legal remedies

Answer 2

remedies made available either by the law, court decisions, or policy agency policy and procedures

Question 3

Extralegal remedies

Answer 3

remedies conducted outside the legal process

Question 4

Color of law

Answer 4

when a law enforcement officer acts in his or her official capacity

Question 5

what are the two requirements under Sect 1983 for a lawsuit?

Answer 5

• the officer must be acting under the color of law

- the officer must have violated a constitutionally protected right

Question 6

What are the three common theories of liability under sect. 1983?

Answer 6

• supervisory liability
• municipal/ county liability
• individual liability

Question 7

Supervisory liability

Answer 7

to include supervisors of law enforcement officer, the lawsuit must show that there is a clear link between the supervisor and the constitutional violation

Question 8

Municipal/ county liability

Answer 8

cities and counties can be help liable, if they adopt and implement policies or adopt customs that become responsible for const. rights violations

Question 9

Individual Liability

Answer 9

a plaintiff is required to demonstrate that his or her constitutional rights were violated by someone acting under the color of law

Question 10

Defenses to sect 1983 lawsuits

Answer 10

• sovereign immunity: 11 amendment

- Qualified immunity: crime control v. protection of people’s civil liberties

Question 11

Sate tort claim

Answer 11

lawsuit reserved for an individual (plaintiff) who does not want to seek recovery under provisions of sect 1983

Question 12

Intentional torts

Answer 12

occur when a police officer is likely to cause injury or damage, and the officer knowingly engages in that behavior

• officer does not have to intend to harm, but only has to intend to engage in the behavior that led to harm
• ex: death, assault, battery, false imprisonment

Question 13

Negligence torts

Answer 13

occur when the following elements are in place:

1. ) there was a legal duty between the officer and the plaintiff
2. ) There was a breech of that duty…
3. )… and the alleged harm
4. ) there was actual damage or injury
   - ex: car accident, destruction of property, personal injury, and defamation of character

Question 14

Public Duty defense

Answer 14

criminal defense which provides that police officers enjoy immunity from criminal liability for certain actions if they are committed (justifiably) as part of their official duties

Question 15

Non-judicial venues by which remedies can be sought for police misconduct:

Answer 15

1. ) Internal review
2. ) Civilian review
3. ) Mediation

Question 16

Mediation

Answer 16

3rd party, non-related party (the Ombudsman), reviews individual complaints between citizens and law enforcement

Question 17

Internal review

Answer 17

the police investigate themselves

- IA= internal affairs

Question 18

Civilian review

Answer 18

appointed private citizens review the behavior of their local police by reviewing complaints and actions taken

Question 19

Civilian panel

Answer 19

part of the civilian review that provides input but the department makes the decision

Question 20

Civilian monitor

Answer 20

civilian panel merely monitors the process of internal review

Question 21

Exclusionary rule

Answer 21

the rules that evidence obtained in violation of the constitution cannot be used in a criminal trial to prove guilt
-applies to violations of the 4th, 5th, and 6th amendments

Question 22

Exceptions to the Exclusionary rule

Answer 22

• The “good faith exception”: applies when an officer makes an honest mistake during the course a search and seizure
• Impeachment exception: used if the prosecution is trying to use the evidence to attack the credibility of a witness (impeach the witness)
• Fruit of the poisonous tree

Question 23

Fruit of the poisonous tree

Answer 23

the exclusionary rule applies not only evidence obtained as a direct result of constitutional rights violations, but also to evidence indirectly derived from the constitutional rights violations

Question 24

Exception to the Fruit of the poisonous tree doctrine?

Answer 24

• purged taint exception: allows the evidence to be admitted if the court decides that derivative evidence was obtained by exploitation of the initial unconstitutional act or instead by some other means
• independent source exception: allows the evidence to be admitted if the court decides that the evidence provided by some other source not related to the initial illegal actions is admissible
• Inevitable discovery exception: allows the evidence to be admitted if the court decides that the evidence would have been found anyways, even without police misconduct

Question 25

purged taint exception

Answer 25

allows the evidence to be admitted if the court decides that derivative evidence was obtained by exploitation of the initial unconstitutional act or instead by some other means

Question 26

independent source exception

Answer 26

allows the evidence to be admitted if the court decides that the evidence provided by some other source not related to the initial illegal actions is admissible

Question 27

Inevitable discovery exception

Answer 27

allows the evidence to be admitted if the court decides that the evidence would have been found anyways, even without police misconduct