Question 1

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

Accepted Answer

Judges generally have absolute immunity from § 1983 lawsuits for actions taken within their judicial capacity. This immunity is intended to protect judicial independence and ensure that judges can make impartial decisions without fear of retaliation or liability. Parole officers, police officers, and probation officers have varying levels of immunity depending on the circumstances of the case and the nature of the alleged misconduct.

Question 2

Police have an affirmative duty to protect which individuals?

Accepted Answer

Police have a special relationship with certain individuals including witnesses, victims of crimes, and those under their custody or supervision. Therefore, they have an affirmative duty to protect these individuals.

Question 3

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

Accepted Answer

The key phrase in the question is "color of law," which refers to when a police officer is acting in their official capacity and using their authority as a law enforcement officer. Options A, C, and D all involve the officer identifying themselves as a police officer or wearing their uniform while performing their duties, which would qualify as acting under "color of law." Option B, however, involves the officer being off-duty and using a non-police-issue weapon to shoot someone in a bar fight, which would not be considered acting under "color of law."

Question 4

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

Accepted Answer

A § 1983 action allows a victim to file a lawsuit for violations of rights protected by the U.S. Constitution or federal laws, not state constitutions.

Question 5

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

Accepted Answer

The answer of The individual against whom a tort action...

Question 6

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

Accepted Answer

State governments have sovereign immunity under the Eleventh Amendment, but this immunity does not automatically extend to county or city governments, which can be sued under § 1983.

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 _____.

Accepted Answer

Law enforcement officers are typically protected by qualified immunity, but they can be held liable if they commit a tort in a "willful or malicious fashion," which means they acted with intentional wrongdoing or malice.

Question 8

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

Accepted Answer

The answer of Which of the following are not granted...

Question 9

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

Accepted Answer

The Eleventh Amendment provides immunity for state governments and agencies from § 1983 suits. This amendment was passed in response to the Supreme Court case, Chisholm v. Georgia, where a citizen of one state sued the state of Georgia in federal court without its consent. The amendment clarified that states are immune from being sued in federal court by a citizen of another state or a foreign country.

Question 10

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

Accepted Answer

Judges are granted absolute immunity to protect them from constant lawsuits, to ensure they can make difficult decisions without fear, and because judicial errors can be corrected through appeals, not because they are subject to suits under other statutes.

Question 11

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

Accepted Answer

A pattern-or-practice decree is a legal tool that can be used to address widespread patterns of police misconduct. It is a court order that requires a police department to make specific changes to its policies and practices to prevent further misconduct. It is often part of a larger settlement agreement between the department and the Department of Justice or other government entity.

Question 12

A § 1983 Section suit can be filed against _____.

Accepted Answer

A § 1983 suit can be filed against state law enforcement officers for violations of constitutional rights, as it applies to actions under color of state law.

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?

Accepted Answer

In the case Monroe v. Pape (1961), the Supreme Court established the precedent that civilians can bring suit against federal law enforcement officers and other government employees under 42 U.S.C. §1983. This ruling allowed individuals to seek damages for constitutional violations committed by government officials. The other cases listed in the options did not establish this specific precedent.

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 _____.

Accepted Answer

The U.S. Supreme Court has ruled that in order to hold a supervisor accountable for alleged police misconduct, there must be proof of an "affirmative link" between the officer's actions and the supervisor. This means that there must be evidence that the supervisor either knew of the officer's misconduct and condoned it, or that the supervisor's own actions or policies contributed to the misconduct. Simply having a supervisory role or position is not enough to establish liability.

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?

Accepted Answer

The answer of Which of the following is one of...

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?

Accepted Answer

The U.S. Supreme Court has ruled that police do not have an affirmative duty to protect individuals from acts of private individuals, as established in cases like DeShaney v. Winnebago County and Town of Castle Rock v. Gonzales.

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?

Accepted Answer

The principle is based on the idea that police resources are limited, they cannot be held responsible for the actions of private individuals, and allowing every crime victim to sue could overwhelm the system.

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.

Accepted Answer

The dual sovereignty rule allows for an individual to be prosecuted for the same offense in both a state and federal court due to the separate, independent legal systems of the state and federal governments. The balance of power refers to the division of power between different branches of government, and equal jurisdiction and single jeopardy are not applicable to this concept.

Question 19

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

Accepted Answer

Judicial immunity has its origins in medieval judicial practices where judges were granted immunity as a means of ensuring their impartiality and independence. This principle was later adopted and incorporated into American law.

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"?

Accepted Answer

The plaintiff must demonstrate by a preponderance of the evidence that the law enforcement officer committed the tort in a willful or malicious fashion. This means that the plaintiff must show evidence that it is more likely than not that the officer acted with intent or malice. This is a higher standard of proof than probable cause, reasonable suspicion, or probable suspicion.

Quiz 11: Civil and Criminal Remedies for Constitutional Violations