Officer Liability Flashcards
What are the 2 types of constitutional torts?
42 USC 1983 (1983 Tort)
Bivens
Federal Officials and LEOS can be sued under 1983 or Bivens?
Bivens
What are the four parts of a 1983 Tort?
- an act
- under the color of state law
- depriving an individual
- of a constitutional or federal civil right
What are the four parts of a Bivens tort?
- an act
- under the color of law
- depriving an individual
- of a 4th, 5th, or 8th amendment right
Is the 1st amendment covered in Bivens?
No
A judgement in favor of the plaintiff in a 1983 suit may include what?
Actual damages
Punitive damages
attorney’s fees
injunctions
Is specific intent to violate a constitutional or federal civil right required to bring a 1983 tort?
No
What are the 6 most common types of Torts brought under Bivens?
- Seizure - Unlawful Arrest
- Seizure - Excessive Force
- Unlawful Search
- Failure to intervene
- False statement in an affidavit
- Perjury during sworn testimony
What defenses can the government bring an to whom to they apply?
Sovereign Immunity (United States)
Absolute Immunity (Judges, Legislators, President, Prosecutors)
Qualified Immunity (Gov Officials and LEOs)
What must a Plaintiff prove to overcome a Qualified Immunity defense and bring the case to trial?
- Constitutional Violation
- Law was clearly established (facts of the previous case must be very similar)
In what court must FTCA and Constitutional Torts be filed?
US district court
What are the 2 types of torts under FTCA?
Negligent Torts
Intentional Torts
FTCA is the United States’ partial waiver of what immunity?
Sovereign immunity
The US may be liable for negligent or wrongful acts or ommissions of Federal employees acting within what?
the scope of their employment
What does scope of employment mean?
engaged in an authorized activity that serves a governmental purpose
