Deck 14: Legal Liabilities of Law Enforcement Officers

Question 1

Which defense,in Section 1983 cases,holds that an officer is not civilly liable unless he or she violated a clearly established statutory or constitutional right of which a reasonable person would have known?

A)The Qualified Immunity Defense
B)The Good Faith Defense
C)The Official Immunity Defense
D)The Law Enforcement Defense

Answer 1

A

Question 2

A tort is a

A)civil wrong in which the action of one person causes injury to the person or property of another person in violation of a duty imposed by law.
B)criminal wrong in which the action of one person causes injury to the person or property of another person in violation of a duty imposed by law.
C)criminal or civil wrong in which the action of one person causes injury to the person or property of another person in violation of a duty imposed by law.
D)None of the answers are correct.

Answer 2

A

Question 3

A Section 1983 case is filed under

A)city law.
B)state law.
C)county law.
D)federal law.

Answer 3

D

Question 4

One exception to the public duty doctrine occurs when there is

A)good faith.
B)probable cause.
C)a special relationship.
D)deliberate indifference.

Question 5

An officer's liability under Section 1983 and state tort cases are

A)either one or the other.
B)at the same time.
C)never combined.
D)always combined.

Question 6

If an on-duty officer violates state law,under Section 1983,the officer

A)cannot be liable for money damages.
B)is still acting under color of law.
C)will have the good faith defense.
D)will have the probable cause defense.

Question 7

To obtain money damages from a police officer under Section 1983,the plaintiff must prove the officer was acting under color of law and that the officer

A)violated a constitutional right or one given by federal law.
B)committed a tort.
C)violated a state constitutional right or state statute.
D)violated department rules and regulations.

Question 8

Which of the following have the courts held is an indication that an officer who is "moonlighting" is acting under the color of the law?

A)Wearing a police uniform while acting as a private security agent
B)Carrying a gun issued by the department
C)Informing department authorities of the second job
D)All of the answers are correct.

Question 9

False arrest,false imprisonment,assault,and battery are examples of

A)negligence torts.
B)reckless torts.
C)deliberate indifferential torts.
D)intentional torts.

Question 10

main difference between assault and battery is that

A)assault is generally menacing conduct that results in a person's fear of imminently receiving battery,whereas battery involves unlawful,unwarranted,or hostile touching.
B)battery is generally menacing conduct that results in a person's fear of imminently receiving assault,whereas assault involves unlawful,unwarranted,or hostile touching.
C)assault is generally physical whereas battery is mental.
D)assault is generally mental whereas battery is physical.

Question 11

One of the implications of the good faith defense under Section 1983 is that police agencies have an obligation to

A)follow department rules and regulations.
B)keep up with changes in state law.
C)make sure their state certification is current.
D)keep up with new court decisions involving constitutional and federal rights.

Question 12

The breach of a common law or statutory duty to act reasonably toward those who may foreseeably be harmed by one's conduct is known as a(n)

A)recklessness tort.
B)intentional tort.
C)negligence tort.
D)intentionality tort.

Question 13

Which of the following is NOT a requirement to establish the official immunity defense in state tort actions?

A)Special relationship
B)Good faith
C)Discretionary act
D)Scope of authority

Question 14

The doctrine that holds that government functions are owed to the general public but not to specific individuals is the

A)deep pockets doctrine.
B)public duty doctrine.
C)deliberate indifference doctrine.
D)good faith doctrine.

Question 15

Assault is

A)the intentional causing of an apprehension of harmful or offensive conduct.
B)the attempt or threat (accompanied by the ability)to inflict bodily harm on another person.
C)the intentional infliction of harmful or offensive body contact.
D)both the apprehension of offensive conduct and the threat to inflict bodily harm.

Question 16

The use of power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state is known as

A)acting within the scope of authority.
B)a clearly established constitutional right.
C)municipal policy or custom.
D)acting under color of law.

Question 17

Title 42 of the U.S.Code,Section 1983 is commonly referred to as the

A)legal liability law.
B)constitutional law.
C)civil rights law.
D)plaintiff's law.

Question 18

Most state agencies,by law or official policy,provide representation to state law enforcement officers in civil actions.Such representation is usually undertaken by the

A)federal attorney general.
B)public defender's office.
C)state attorney general.
D)prosecuting attorney's office.

Question 19

Which of the following is NOT one of the three subcategories of legal liabilities under federal and state laws?

A)Administrative
B)Public
C)Civil
D)Criminal

Question 20

The two categories of types of force used by police officers are

A)nondeadly and deadly.
B)reactive and proactive.
C)good faith and bad faith.
D)subjective and objective.

Question 21

Besides proving that a defendant was acting under color of law,which of the following must a plaintiff prove in a Section 1983 lawsuit?

A)That there was a violation of a right given by the Constitution
B)That there was a violation of a right given by Federal Law
C)That there was a violation of a right given by State Law
D)Either a violation of a Constitutional right or one given by Federal Law

Question 22

Which of the following are defenses used in Section 1983 cases?

A)The qualified immunity defense
B)The probable cause defense
C)The reasonable suspicion defense
D)Both qualified immunity and probable cause defense

Question 23

A single act by the police can violate

A)state law.
B)federal law.
C)both state and federal law.
D)All of the answers are correct.

Question 24

According to Groh v.Ramirez an officer is

A)not entitled to official immunity if "it would be clear to a reasonable officer that his conduct was lawful in the situation he confronted."
B)entitled to official immunity if "it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."
C)not entitled to qualified immunity if "it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."
D)entitled to qualified immunity if "it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."

Question 25

Battery is

A)the intentional causing of an apprehension of harmful or offensive conduct.
B)the attempt or threat (accompanied by the ability)to inflict bodily harm on another person.
C)the intentional infliction of harmful or offensive body contact.
D)both the apprehension of offensive conduct and the threat to inflict bodily harm.

Question 26

In which case did the Supreme Court hold that "A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment even when it places the fleeing motorist at risk of serious injury or death?"

A)Groh v.Ramirez (2004)
B)Harlow v.Fitzgerald (1982)
C)Scott v.Harris (2000)
D)Terry v.Ohio (1967)

Question 27

Which defense,in Section 1983 cases,holds that the officer "acted in the honest belief that the action taken or the decision was appropriate under the circumstances?"

A)The Qualified Immunity Defense
B)The Good Faith Defense
C)The Official Immunity Defense
D)The Law Enforcement Defense

Question 28

The Court has ruled that in cases based on federal law (Section 1983),supervisory liability based on failure to train is based on

A)objective bad faith.
B)subjective bad faith.
C)deliberate indifference.
D)gross negligence.

Question 29

The main purpose of the exclusionary rule is to

A)keep illegally obtained evidence out of court.
B)punish the offender.
C)deter the offender.
D)deter police misconduct.

Question 30

In Town of Castle Rock v.Gonzales (2005)the Court held that the wrongful failure by the police to arrest a husband who violated a domestic relations court restraining order

A)did amount to a violation of a constitutional right under the Fourteenth amendment Due Process Clause and therefore results in liability under Section 1983.
B)did not amount to a violation of a constitutional right under the Fourteenth amendment Due Process Clause and therefore does not result in liability under Section 1983.
C)should not amount to a violation of a constitutional right under the Fifth amendment Due Process Clause and therefore does not result in liability under Section 1983.
D)did amount to a violation of a constitutional right under the Fifth amendment Due Process Clause and therefore results in liability under Section 1983.

Question 31

In Scott v.Harris (2007),the Court held that police can use deadly force in connection with vehicle chases as long as suspect's behavior constitutes a danger to

A)the police.
B)themselves.
C)the public.
D)the courts.

Question 32

The term "direct liability," such as the case with excessive use of force,applies to the personal actions of

A)elected officials.
B)police officers.
C)citizens.
D)defense attorneys.

Question 33

The qualified immunity defense says that

A)an officer is not civilly liable unless he or she violated a clearly established statutory or constitutional right of which a reasonable person would have known.
B)there must have been a violation of a constitutional right or a right given by federal law.
C)both that an officer is not civilly liable and there must have been a violation of a constitutional right or a right given by federal law.
D)None of the answers are correct.

Question 34

The term police supervisors includes

A)sergeants.
B)captains.
C)sheriffs.
D)All of the answers are correct.

Question 35

When it is determined that a person files a false complaint against the police,a city can criminally prosecute individuals for

A)unknowingly filing false complaints against the police.
B)knowingly filing false complaints against the police.
C)filing false complaints against the police.
D)knowingly filing true complaints against the police.

Question 36

The basis for liability under federal civil and criminal statutes is

A)unreasonable behavior.
B)negligent observance of rights.
C)interference with federal statutory or constitutional rights.
D)state common law.

Question 37

The probable cause defense which is a reasonable good faith belief in the legality of the action taken,can only be used in cases alleging violations of rights based on the

A)First Amendment.
B)Fourth Amendment.
C)Fifth Amendment.
D)Sixth Amendment.

Question 38

According to Harlow v.Fitzgerald government officials performing

A)mandatory functions are shielded from liability for civil damages as long as their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.
B)mandatory functions are not shielded from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
C)discretionary functions are shielded from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
D)discretionary functions are not shielded from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Question 39

What is required for a Section 1983 case to succeed?

A)The defendant must have been acting under color of law.
B)There must have been a violation of a constitutional right or a right given by federal law.
C)The defendant must have been acting under color of law AND there must have been a violation of a constitutional right or a right given by federal law.
D)There must have been willful misconduct on the part of the police only.

Question 40

Brosseau v.Haugen held that

A)"If the law at that time did not clearly establish that the officer's conduct would violate the Constitution,the officer should not be subject to liability,or indeed,even the burdens of litigation."
B)"If the law at that time did not clearly establish that the officer's conduct would violate the Constitution,the officer should be subject to liability,or indeed,even the burdens of litigation."
C)"If the law at that time clearly established that the officer's conduct would violate the Constitution,the officer should not be subject to liability,or indeed,even the burdens of litigation."
D)"Police liability is limited when conduct occurs in the line of duty."

Question 41

Under which of the following can Officer Morris be held liable?

A)Section 1983 action for interfering with civil rights
B)State tort law for battery
C)State criminal law for battery
D)Both state tort and state criminal law for battery

Question 42

A defendant must have acted under of law to be eligible for prosecution under either Title 18 U.S.Code Section 242 or Title 42 U.S.Code Section 1983.

Question 43

If Officer Morris and two witnesses stated that Officer Morris was trying to restrain Betty from continuing to punch Wilma,and the only reason he touched Betty inappropriately was due to Betty's fighting to get out of Officer Morris' grasp,Officer Morris can then raise the defense of

A)probable cause to arrest Betty.
B)reasonable suspicion to arrest Betty.
C)official immunity.
D)None of the answers are correct.

Question 44

A Section 1983 case succeeds only if there is a proven violation of a Constitutional right or of a right guaranteed by
law.

Question 45

Acting within the scope of authority means that Officer Jones was

A)doing what he was told.
B)discharging the duties generally assigned.
C)performing duties especially for the supervisor.
D)using his discretion to give a warning.

Question 46

Liability under federal law is based on the provisions of Title 42 of the U.S.Code,Section ,Civil Action for Deprivation of Rights.

Question 47

An act is discretionary if it involves some deliberation,decision or judgment.

Question 48

In a liability case,plaintiffs often sue the officer,the supervisor,and the agency.

Question 49

Detective Zimmerman is an employee of the

A)U.S.government.
B)state.
C)local government.
D)None of the answers are correct.

Question 50

Among the potential sanctions for officer misbehavior,the one that will probably be imposed first and fastest is

A)civil.
B)criminal.
C)administrative.
D)either civil or criminal sanctions.

Question 51

An officer can be prosecuted under state and federal criminal laws for the same act,and the protection against
does not apply.

Question 52

The good faith defense under Title 42 U.S.Code Section 1983 provides that an officer is not liable unless they
violated a clearly statutory or constitutional right of which a reasonable person would have known.
__________

Question 53

Which of the following is NOT one of the ways that Officer Jones' supervisors can be held liable?

A)Personal involvement
B)Individual liability
C)Direct liability
D)Vicarious liability

Question 54

Officer Morris can be sued in state court for

A)the intentional tort of battery.
B)the negligence tort of assault.
C)Section 1983 civil rights.
D)None of the answers are correct.

Question 55

The plaintiff must prove elements in a Section 1983 lawsuit.

Question 56

The term "vicarious liability" applies to

A)negligence on the part of Officer Jones' supervisor.
B)participation on the part of Officer Jones supervisor.
C)ignorance on the part of Officer Jones supervisor.
D)All of the answers are correct.

Question 57

In this case,lying by Detective Zimmerman is

A)unethical.
B)criminal.
C)both unethical and criminal.
D)None of the answers are correct.

Question 58

One of the realities of modern-day policing is a civil lawsuit filed by members of the .

Question 59

John R.Smith probably filed the Section 1983 case in

A)state court.
B)county court.
C)municipal court.
D)federal court.

Question 60

The theory holds that whereas officers and supervisors may have limited financial resources to pay
__________
the plaintiff,police agencies have a broader financial base.

Question 61

__________ relationship is the one major and important exception to the public duty doctrine.

Question 62

Being is an occupational hazard in modern day policing.

Question 63

One of the defenses in Section 1983 cases is the cause defense.

Question 64

Battery is the infliction of harmful or offensive body contact.

Question 65

The general rule is that there is no police liability for to protect a member of the public.

Question 66

One of the requirements for a Section 1983 lawsuit to succeed is that plaintiff must prove the defendant was acting under _.

Question 67

The force that a prudent and cautious person would use if exposed to similar circumstances is known as
force.

Question 68

One of the requirements for a federal Section 1983 lawsuit to succeed is that plaintiff must prove there was a violation of a right given by the Constitution or by .

Question 69

One of the defenses in Section 1983 cases is the immunity defense.

Question 70

__________ force is force that is meant to punish rather than merely bring the situation under control.

Question 71

Section 1983 cases dealing with police liability are also referred to as cases.

Question 72

A lawsuit brought by the survivors of a person whose death was caused by another is called a
action or lawsuit.

Question 73

One type of state tort cases is tort.

Question 74

Negligent use of police vehicles is an example of liability,based on state tort laws.

Question 75

The general rule is that force may be used by police in various situations as long as such force is reasonable.

Question 76

Protection against does not apply when an officer is prosecuted under state and federal criminal laws for the same act.

Question 77

In felony cases,the safest practice is for officers to refrain from using deadly force except for or the defense of the life of a third person.

Question 78

Official is a defense in state tort cases.

Question 79

__________ doctrine,which holds that government functions are owed to the general public but not to specific individuals.

Question 80

In most states,by law or official policy,provide representation to state law enforcement officers in civil actions.