Deck 11: Civil and Criminal Remedies for Constitutional Violations

Question 1

Of the following, who has the greatest level of immunity against § 1983 lawsuits?

A)Judges
B)Parole officers
C)Police officers
D)Probation officers

Answer 1

A

Question 2

Police have an affirmative duty to protect which individuals?

A)All people
B)All citizens within their jurisdiction
C)Citizens which are reasonably seen as indigent
D)Citizens with whom they have a special relationship

Answer 2

D

Question 3

Which of the following is least likely to be an example of a police officer acting under "color of law"?

A)An off-duty officer in street clothes flashes his badge while stopping an individual while working as a bouncer at a nightclub.
B)An off-duty officer in street clothes shoots an individual in a bar fight with a non-police-issue weapon.
C)An off-duty officer, while wearing his uniform, stops an individual while working as a private security guard.
D)An off-duty officer in street clothes apprehends an individual after identifying himself as an officer and telling the individual to stop.

Answer 3

B

Question 4

A violation of which of the following will not allow a victim to file a § 1983 action against an officer?

A)The U.S. Constitution
B)A state constitution
C)A federal law
D)A victim may file a § 1983 action for a violation of any of the above.

Question 5

The individual against whom a tort action is filed is known as a _____.

A)defendant
B)injunctee
C)tortfeasor
D)victim

Question 6

The immunity from § 1983 suits enjoyed by state governments has been extended to _____.

A)county governments
B)major city governments (with a population > 250,000)
C)all city governments
D)none of the above

Question 7

In order to hold a law enforcement officer liable in a tort action, the plaintiff must show that the officer committed the tort _____.

A)in a "willful or malicious fashion"
B)with negligence
C)outside the bounds of his/her authority
D)with "reckless disregard"

Question 8

Which of the following are not granted absolute immunity against § 1983 lawsuits?

A)Jurors
B)Probation officers
C)Prosecutors
D)Witnesses

Question 9

Which amendment provides immunity for state governments and agencies from § 1983 suits?

A)First Amendment
B)Seventh Amendment
C)Ninth Amendment
D)Eleventh Amendment

Question 10

Which of the following is not one of the primary justifications for granting judges absolute immunity?

A)Judges would constantly be subject to suits.
B)Judges may avoid making difficult decisions.
C)Judicial errors can be corrected via criminal appeals.
D)Judges are still subject to suits under other statutes.

Question 11

The mechanism by which widespread patterns of police misconduct are addressed is known as a/an _____.

A)arrangement for improved conduct
B)federal oversight commission
C)injunctive relief
D)pattern-or-practice decree

Question 12

A § 1983 Section suit can be filed against _____.

A)any individual
B)any law enforcement officer
C)federal law enforcement officers
D)state law enforcement officers

Question 13

In which case did the U.S. Supreme Court establish the precedent allowing civilians to bring suit against federal law enforcement officers and other government employees under 42 U.S.C. § 1983?

A)Bivens v. Six Unnamed FBI Agents
B)Griffin v. Maryland
C)Monroe v. Pape
D)West v. Atkins

Question 14

In order to hold an officer's supervisor accountable for alleged police misconduct, the U.S. Supreme Court has ruled there must be _____.

A)a "clear and unambiguous" connection between the officer's actions and the supervisor.
B)"probable cause to believe" the officer acted on the orders of the supervisor
C)proof of an "affirmative link" between the officer's actions and the supervisor
D)proof shown by a "preponderance of the evidence" of "supervisory misconduct"

Question 15

Which of the following is one of the justifications cited by the U.S. Supreme Court for its decision to allow local governments to be liable under § 1983?

A)Police cannot be expected to be trained for every conceivable situation.
B)Police tend to be less educated than city officials.
C)Police do not make very much money.
D)Police tend not to care about the welfare of suspects in their custody.

Question 16

According to the U.S. Supreme Court, police have an affirmative duty to intervene to protect which of the following from acts of private individuals?

A)Life
B)Liberty
C)Property
D)None of the above

Question 17

Which of the following is one of the considerations on which the principle is established that the police have no legal obligation to intervene to protect the general public from harm?

A)Every crime victim could sue the police.
B)Police cannot be held responsible for the acts of private individuals.
C)Police have limited resources with which to act.
D)All of the above

Question 18

The rule that allows that an individual may be prosecuted for an offense in both a state and a federal court is known as the _____ rule.

A)balance of power
B)dual sovereignty
C)equal jurisdiction
D)single jeopardy

Question 19

Judicial immunity against § 1983 suits has its origins in _____.

A)ancient Roman law
B)medieval judicial practices
C)the Bill of Rights
D)the Magna Carta

Question 20

By what level of proof must the plaintiff demonstrate that the law enforcement officer committed the tort in a "willful or malicious fashion"?

A)Modified probable cause
B)Probable suspicion
C)By a preponderance of the evidence
D)Reasonable suspicion

Question 21

In order to bring a § 1983 legal action against an officer, the individual must prove the second step, which is _____.

A)an individual must have wrongfully been brought to trial
B)unlawfully seized evidence must have been admitted at trial
C)establishing that multiple complaints have been lodged against the individual in question
D)establishing that a right guaranteed by the constitution on federal law has been violated

Question 22

By which principle are agencies held liable for certain acts of their employees?

A)caveat emptor
B)erga omnes
C)parens patriae
D)respondeat superior

Question 23

One justification cited by the U.S. Supreme Court for its decision to allow local governments to be liable under § 1983 is that local residents will hold city officials responsible for their decisions and actions at the ballot box.

Question 24

One situation in which police have a duty to intervene is if an individual has been exposed to a danger and the police are at fault for that exposure.

Question 25

Which is not a category of remedies available to deter police violation of constitutional rights?

A)Civil remedies
B)Criminal remedies
C)Restitution
D)Administrative remedies

Question 26

Federal criminal prosecutions that are brought against a state or federal police officer are typically based on _____.

A)18 U.S.C. § 242
B)42 U.S.C. § 1983
C)Bivens v. Six Unnamed Agents
D)Monroe v. Pape

Question 27

Which is not a punishment that may be imposed by a chief of police?

A)Prison
B)Counseling
C)Fine
D)Demotion

Question 28

Which of the following federal officials is not granted absolute immunity?

A)Judges
B)Prosecutors
C)Presidential aides
D)All of the above are granted absolute immunity.

Question 29

In Graham v. Connor, the U.S. Supreme Court held that in order to maintain fairness, officer action must be judged from the perspective of "hindsight."

Question 30

By which of the following powers does a civilian review board hire professional investigators to investigate police misconduct?

A)Civilian review
B)Civilian investigation
C)Civilian oversight
D)Civilian mediation

Question 31

A judge will lose immunity to § 1983 suit if it can be proven by a preponderance of the evidence that his/her decisions made were as a result of bias or bribery.

Question 32

Which is not an element of a Bivens action?

A)Excessive force
B)Color of law
C)Constitutional right
D)Reasonableness

Question 33

Police officers possess official immunity from tort actions.

Question 34

If a defendant pleads guilty to an offense and wishes to later appeal the case on grounds of police misconduct, what results?

A)After pleading guilty, a defendant cannot appeal on grounds of police misconduct.
B)After pleading guilty, a defendant can appeal on grounds of police misconduct.
C)After pleading guilty, a defendant cannot appeal on grounds of police misconduct without prosecutorial permission to do so.
D)After pleading guilty, a defendant cannot appeal on grounds of police misconduct absent permission of law enforcement.

Question 35

The U.S. Supreme Court has held that when hiring potential law enforcement officers, local governments must thoroughly investigate their backgrounds so as to ensure safety of the citizens and to protect the government from a § 1983 suit.

Question 36

The U.S. Supreme Court has held that police have a legal obligation to take an individual accused of domestic violence into custody for the protection of the victim(s).

Question 37

The equivalent to a § 1983 suit when a federal official is the tortfeasor is known as a Bivens suit.

Question 38

An allegation against the police investigated by internal affairs will be ruled not sustained if the evidence does not sufficiently clearly prove or disprove the allegation.

Question 39

Which case established that federal law enforcement officers are responsible for constitutional torts that violate individuals' Fourth Amendment rights?

A)Bivens v. Six Unnamed FBI Agents
B)Los Angeles v. Lyons
C)Monell v. Department of Social Services
D)Saucier v. Katz

Question 40

Civilian review boards often have the power to act as mediators between police officers and civilians.

Question 41

What is official immunity? How does it present a barrier to tort actions? Should this type of immunity exist?

Question 42

Parole officers and probation officers are granted _____ from § 1983 suits.

Question 43

What is the difference between internal affairs and civilian review? Do you think both are effective or necessary?

Question 44

What is the name of the exception to the rule that the police do not have a duty to intervene due to the fact that the police have exposed an individual to danger that he/she would not otherwise confront?

Question 45

The text discusses the 2015 Justice Department investigation of the Ferguson, MO, police force. What was found in the report? How do you think we can protect our communities from these types of activities in the future?

Question 46

The U.S. Supreme Court has ruled that in order for an officer to be sued under § 1983, the officer must be acting under the color of state law. What does this mean and why has the Court ruled this way? Additionally, what has the Court ruled and why in regard to holding the officer's superior officer accountable?

Question 47

Explain what an injunction is, its purpose, and the standard used when determining whether it is proper to be granted.

Question 48

What is the importance of the exclusionary rule? Do you think it is necessary given the other remedies discussed in the chapter available to protect individuals' constitutional rights?

Question 49

A court order that directs an individual or government to stop an unlawful activity is known as a/an _____.

Question 50

What is the significance of the word "pattern" or "practice" in regard to the depravation of constitutional rights? Give examples of when this concept might come into play.

Question 51

The U.S. Supreme Court has held that different actors in the criminal justice system enjoy different levels of immunity from § 1983 suits. What are these levels of immunity? Give two examples of each. Explain why the Court has granted these immunities and why the Court has created two levels of immunity instead of one.

Question 52

In order for an officer to be sued under § 1983, the officer must be acting under _____.

Question 53

What is the difference between absolute immunity and qualified immunity?

Question 54

Prosecutors and judges are granted _____ from § 1983 suits.

Question 55

Prosecuting police officers in criminal court can be very challenging. Explain why this is so and how the courts and prosecutors have worked to remedy this situation.