Deck 15: Section 1983 Litigation in Criminal Justice: Darrell Ross

Question 1

Individuals bringing a civil action against agents of the federal government may do so in accordance with

A) Section 1983.
B) Bivens actions.
C) State tort law.
D) Criminal tort law.

Answer 1

B

Question 2

Any state action under the ________ is open to litigation under Section 1983.

A) Fourteenth Amendment.
B) Twelfth Amendment.
C) Sixth Amendment.
D) Second Amendment.

Answer 2

A

Question 3

Which of the following remedies is available under Section 1983?

A) Prison.
B) Probation.
C) Punitive damages.
D) All of the above.

Answer 3

C

Question 4

As a defense to liability, criminal justice personnel possess which of the following?

A) Absolute immunity.
B) Sovereign immunity.
C) Qualified immunity.
D) Official immunity.

Question 5

Under Section 1983, "every person" is defined as

A) An individual officer.
B) An administrator.
C) Only an administrator.
D) Both a and b.

Question 6

Section 1983 was enacted into law through

A) The U.S. Supreme Court case precedents.
B) Congressional enactment.
C) Presidential directives.
D) State legislation.

Question 7

Section 1983 allows an individual to file a claim against criminal justice personnel in accordance with

A) A claim of negligence.
B) A constitutional right violation.
C) A state constitutional right violation.
D) All of the above.

Question 8

An off-duty police officer working in a police uniform as a security officer at a game is

A) Working only for the security company.
B) Working as a private person.
C) Working under color of law.
D) Working in compliance with workman compensation laws.

Question 9

In failing to train litigation against a police administrator, the plaintiff must prove that

A) The training provided was outdated.
B) The training under question should have been longer in duration.
C) The training needed to address all aspects of policing.
D) The lack of training amounted to a deliberate indifference.

Question 10

The cardinal principle under Anglo-American law is the

A) Awarding of compensation for sustaining a constitutional deprivation.
B) Awarding of declaratory relief for sustaining a constitutional deprivation.
C) Awarding of injunctive relief for sustaining a constitutional deprivation.
D) Awarding of punitive damages for sustaining a constitutional deprivation.