Deck 10: Civil Liability

Question 1

Most issues involving liability of CJ professionals involve a criminal action under 42 U.S. Code § 1983.

Answer 1

False

Question 2

The general guidelines of the common law actions and 1983 are very similar with the except that under 1983, the plaintiff must show that the wrong doer (tort feasor) was acting under the "color of law."

Answer 2

True

Question 3

The general guidelines of the common law actions and 1983 are very similar with the except that under common law actions, the individual suing (plaintiff) must show that the wrong doer (tort feasor) was acting under the "color of law."

Answer 3

False

Question 4

Action taken under color of' state is the misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.

Question 5

Supreme Court requires that that claims of excessive force in the context of arrests or investigatory stops should be analyzed under the Fourth Amendment's substantive due process principles.

Question 6

A police officer may seize an unarmed, nondangerous suspect by shooting him dead.

Question 7

Private prison guards enjoy immunity from a civil lawsuit in a § 1983 case.

Question 8

The Federal Tort Claims Act applies to violations of constitutional rights that occur in a foreign jurisdiction.

Question 9

A judge is not immune from liability for damages for acts committed within their judicial jurisdiction when the judge is accused of acting maliciously and corruptly.

Question 10

A peace officer who arrests someone with probable cause is not liable for false arrest simply because the innocence of the suspect is later proved.

Question 11

When an officer has a duty to arrest someone and fails to do so, the officer is liable when the individual later commits a crime.

Question 12

A city may be liable in civil court for the failure to properly train its police officers.

Question 13

The inadequacy of police training may serve as the basis for 42 U.S.C.S. § 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact.

Question 14

Immunity is a defense to only to criminal actions for violations of a person's right or damages to a person's property.

Question 15

If a prosecutor plans and executes a raid on a suspected weapons cache, he has no greater claim to complete immunity than activities of police officers allegedly acting under his direction.

Question 16

In order to state a claim for deprivation of rights under 42 USCS § 1983, plaintiff must show that

A) conduct complained of was committed by person acting under color of law.
B) defendants' conduct in fact deprived them of rights, privileges or immunities secured by Constitution or laws of United States.
C) defendants' conduct caused deprivation of federal constitutional rights.
D) defendants' conduct must have been intentional, grossly negligent, or must have amounted to reckless or callous indifference to constitutional rights of others.
E) All the above elements are required to establish a claim.

Question 17

Under Color of Law under 42 USCS § 1983 means

A) The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' state law.
B) The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' both federal and state law.
C) The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' federal law only.
D) All the above statements are incorrect.

Question 18

The test to determine if the use of force by a police officer was excess and in violation of the Fourth Amendment is based on

A) objective standards of reasonableness.
B) subjective standards of reasonableness.
C) personal standards of reasonableness.
D) None of the above are correct.

Question 19

The general rules of liability do NOT include which of the following statements?

A) Judges are immune from liability for damages for acts committed within their judicial jurisdiction.
B) A peace officer who arrests someone with probable cause is liable for false arrest when the innocence of the suspect is later proved.
C) The defense of good faith and probable cause may be available to police officers in a common-law action for false arrest and imprisonment.

Question 20

Town of Castle Rock v. Gonzales case held

A) the officer liable for the failure to arrest the father who later killed his family, but not the city.
B) the officer not liable, but the city liable for the failure to arrest.
C) the officer was not liable for the failure to arrest.
D) None of the above statements correctly describes the court's action.

Question 21

Under what circumstances may an officer use deadly force to prevent the escape of a prisoner?

Question 22

What are the required elements of a 1983 claim for damages?

Question 23

What is meant by the term "qualified immunity?"

Question 24

Why should police officers be liable for money damages when they arrest someone?