Question 1

Officials who violate the Fourth Amendment by conducting an illegal search can still receive qualified immunity for their actions.

Accepted Answer

This is unfortunately true. The qualified immunity doctrine offers broad protection for government officials, including police officers, who violate citizens' constitutional rights. To successfully challenge a violation of the Fourth Amendment in court, a plaintiff must show not only that their rights were violated, but also that those rights were clearly established at the time of the violation. This can be an incredibly difficult burden to overcome, and many cases are dismissed due to qualified immunity.

Question 2

Prosecutors have_________immunity from civil lawsuit.

Accepted Answer

The answer of Prosecutors have_________immunity from civil lawsuit.
...

Question 3

Police are rarely charged or convicted of criminal misconduct.

Accepted Answer

Unfortunately, this is true. Due to various reasons including hesitation from prosecutors to charge law enforcement officers, the difficulty of proving criminal intent, and the protection of qualified immunity, police are rarely charged or convicted of criminal misconduct.

Question 4

Research about the effectiveness of civilian review boards shows that:

Accepted Answer

Research has found that it is difficult to measure the effectiveness of civilian review boards, as the criteria for "effectiveness" is not clearly defined and varies across jurisdictions. While some studies have shown that civilian review boards can be effective in investigating police misconduct, others argue that civilians may not be well equipped to evaluate police practices and procedures. Additionally, data on civilian review boards is limited as most large cities do not use them.

Question 5

Prosecutors have qualified immunity for their conduct as advocates in the judicial phase of the criminal process.

Accepted Answer

The answer of Prosecutors have qualified immunity for their conduct...

Question 6

Heightening the possibility of a successful Bivens action requires the plaintiff to prove that: (1)an officer was acting under the color of the law;and (2): that the officer:

Accepted Answer

To succeed in a Bivens action, the plaintiff must demonstrate that the officer violated the plaintiff's constitutional rights. This encompasses a wide range of actions that can be considered a violation of a constitutional right, such as false arrest, excessive use of force, and deliberate indifference to a serious medical need. It does not require that the plaintiff suffer an observable physical injury. Therefore, options A, B, and D are incorrect.

Question 7

Suing governmental bodies under Section 1983 is more complicated than suing individuals.

Accepted Answer

When suing governmental bodies under Section 1983, there are additional legal requirements and procedural hurdles that must be followed. For example, plaintiffs must establish that the government entity had an official policy or custom that caused a violation of their rights. Additionally, there may be limitations on the amount of damages that can be recovered from a governmental entity, and there may be specific deadlines for filing a lawsuit or providing notice of a claim.

Question 8

Research indicates that:

Accepted Answer

Studies have shown that civilian review procedures often fail to provide adequate oversight of police conduct, and that complaints filed by citizens are rarely sustained. This suggests that the current system needs improvement in order to better address citizen complaints and ensure police accountability.

Question 9

According to the qualified immunity defense,law enforcement officers cannot be held personally liable in a civil lawsuit if:

Accepted Answer

The qualified immunity defense states that law enforcement officers cannot be held personally liable in a civil lawsuit if their actions were objectively reasonable as measured by legal rules "clearly established" at the time they acted. It does not rely on the officer's belief or whether criminal charges were filed against them. Therefore, choice C is the best option.

Question 10

Courts that have allowed the state-created danger exception apply it in one of two ways.The first way requires (a)a special relationship between the government and the victim,plus (b):

Accepted Answer

The first way in which courts have allowed the state-created danger exception requires a special relationship between the government and the victim, as well as a danger created by the state. None of the other choices listed meet these criteria.

Question 11

Individual officers or government agencies cannot be sued for failing to stop private people from violating their rights by inflicting injuries on them.This is known as the:

Accepted Answer

This is commonly known as the "no affirmative duty to protect" rule, which means that while the government has a duty to protect the public in general, they do not have a specific duty to protect individuals from harm caused by private individuals. This rule applies to individual officers and government agencies, and they cannot be held liable for failing to prevent harm inflicted by private parties.

Question 12

Most plaintiffs who file civil lawsuits against police officers are seeking:

Accepted Answer

Most plaintiffs who file civil lawsuits against police officers are seeking monetary damages for any harm, injury, or damages they have suffered as a result of the officer's actions. They may also seek punitive damages to punish the officer for their misconduct.

Question 13

External civilian review results in more charges against police officers being sustained than internal review.

Accepted Answer

The answer of External civilian review results in more charges...

Question 14

Which of the following acts is statistically the single greatest cause of injury to women in America?

Accepted Answer

Domestic violence is the single greatest cause of injury to women in America, according to the National Coalition Against Domestic Violence. Studies show that 1 in 4 women will experience domestic violence in their lifetime, and it can lead to physical injuries, emotional trauma, and even death. While the other options listed are also significant issues that affect women, domestic violence has the highest incidence rate.

Question 15

Which is true regarding suits against city agencies?

Accepted Answer

Under section 1983, a city or agency can be sued if their policies or customs cause injuries, but not for actions solely due to individual employees.

Question 16

Law enforcement officers have a defense called_________,wherein individual officers cannot be held personally liable for official action if their action meets the test of objective legal reasonableness.

Accepted Answer

The defense described in the question is qualified immunity, which protects individual law enforcement officers from being held personally liable for official action that is objectively reasonable. The other choices (good faith defense, Bivens umbrella, law enforcement exception) do not accurately describe this defense.

Question 17

When the government takes a person into custody against their will the government:

Accepted Answer

When the government takes a person into custody, a special relationship is created, obligating the government to protect the individual, as they cannot protect themselves while in custody.

Question 18

Beltran v.City of El Paso (2004)ruled that:

Accepted Answer

The Beltran v. City of El Paso (2004) case ruled that a 911 operator had no affirmative duty to protect a mother and daughter from their husband/father who murdered them. The court held that the operator's actions did not create a special relationship that would give rise to a duty to protect. Therefore, the operator was not liable for the deaths of the mother and daughter.

Question 19

The Federal Tort Claims Act:

Accepted Answer

The Federal Tort Claims Act waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers. This means that individuals can sue the federal government for damages resulting from certain wrongful acts committed by federal employees in the course of their duties.

Question 20

Which legal doctrine prohibits people from suing the government without its consent?

Accepted Answer

Sovereign immunity is a legal doctrine that prohibits people from suing the government without its consent. This doctrine originates from the ancient English legal principle that the king can do no wrong. In the United States, sovereign immunity has been limited by laws such as the Federal Tort Claims Act, which allows individuals to sue the government under certain circumstances. However, sovereign immunity still applies to certain types of claims, such as those involving national security or foreign policy.

Quiz 11: Constitutional Violations II: Other Remedies Against Official Misconduct