Question 1

An individual acts under the color of state law when he or she acts under the authority of state law.

Accepted Answer

An individual acts under the color of state law when they are exercising power "possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law," which means they are acting with authority derived from any state law, statute, ordinance, regulation, custom, or usage.

Question 2

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

Accepted Answer

A civilian review board has the power to hire professional investigators to investigate police misconduct.

Question 3

Defendants who plea-bargain and plead guilty also will not be able to bring the alleged misconduct of the police to the attention of a court.

Accepted Answer

When defendants enter a plea bargain and plead guilty, they typically waive their right to challenge the conduct of the police or the evidence against them in court.

Question 4

Police officers, prison officials, correctional officers, probation officers, and other criminal justice practitioners are provided with qualified immunity.

Accepted Answer

Qualified immunity is a legal doctrine that shields government officials, including law enforcement and other criminal justice practitioners, from liability for civil damages, provided their actions did not violate clearly established statutory or constitutional rights.

Question 5

Judges, prosecutors, witnesses, and jurors enjoy qualified immunity from suit.

Accepted Answer

Qualified immunity primarily applies to government officials, particularly law enforcement officers, to protect them from lawsuits for actions performed within their official duties, unless they violated clearly established statutory or constitutional rights. Judges enjoy absolute immunity for judicial acts, prosecutors have absolute immunity for prosecutorial actions, and witnesses are immune for testimony given. Jurors are also protected from being questioned about their deliberations in most contexts. These protections are distinct from qualified immunity.

Question 6

Individuals who have been harmed by another person may file a civil suit for money damages.

Accepted Answer

Civil suits allow individuals who have been harmed by another person to seek monetary compensation for their injuries or losses.

Question 7

Police officers are typically prosecuted for ______.

Accepted Answer

Police officers are typically prosecuted for serious offenses, which include felonies. Felonies are more severe crimes than infractions, misdemeanors, or status offenses, and can result in significant prison time.

Question 8

Federal law enforcement officers who violate constitutional rights may not be sued in federal courts.

Accepted Answer

Federal law enforcement officers can be sued in federal courts for violating constitutional rights under a legal doctrine known as Bivens actions, which allows individuals to sue federal officials for constitutional violations.

Question 9

Most Bivens legal action are brought against ______ officers.

Accepted Answer

Bivens actions are a form of lawsuit that allows individuals to sue federal government officials for violations of their constitutional rights. This legal recourse is named after the Supreme Court case Bivens v. Six Unknown Named Agents.

Question 10

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.

Accepted Answer

Police have a duty to intervene or provide assistance if their actions or negligence have directly resulted in an individual being exposed to danger, as they are responsible for the safety of individuals within their jurisdiction, especially if their actions have contributed to the risk.

Question 11

All of the following are punishments that may be imposed by a chief of police except ______.

Accepted Answer

Prison is a punishment that can only be imposed by a court of law, not by a chief of police. The chief of police can impose internal disciplinary actions such as counseling, fines, or demotion, but cannot sentence someone to prison.

Question 12

All of the following are elements of a Bivens action except ______.

Accepted Answer

The answer of All of the following are elements of...

Question 13

The Federal Tort Claims Act is a partial waiver of which of the following types of immunity?

Accepted Answer

The Federal Tort Claims Act waives the sovereign immunity of the United States for certain torts committed by federal employees.

Question 14

The immunity of judges covers decisions made during the trial process.

Accepted Answer

Judicial immunity protects judges from being sued or prosecuted for their judicial actions and decisions made during the trial process, ensuring their independence and impartiality.

Question 15

All of the following statements regarding state criminal prosecutions are true except ______.

Accepted Answer

The answer of All of the following statements regarding state...

Question 16

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

Accepted Answer

Bivens v. Six Unnamed FBI Agents established that individuals have a right to sue federal law enforcement officers for constitutional torts that violate their Fourth Amendment rights, creating a mechanism for holding federal officers personally liable for such violations.

Question 17

Police officers may be subjected to internal administrative procedures for violating departmental regulations.

Accepted Answer

Police officers can face internal administrative procedures if they violate departmental regulations, which are designed to ensure they adhere to the standards and policies of their respective departments.

Question 18

The immunity of judges for decisions made as part of their judicial function originated in medieval times.

Accepted Answer

The concept of judicial immunity, which protects judges from being sued for their decisions in the course of their judicial functions, has its roots in medieval legal principles. This was established to ensure that judges could make decisions without fear of personal repercussions, allowing them to administer justice impartially and independently.

Question 19

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

Accepted Answer

Judges have absolute immunity for their judicial acts, even if their decisions are made with malice, bias, or bribery. This immunity is lost only when actions taken are not judicial in nature or are taken in the complete absence of all jurisdiction.

Question 20

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

Accepted Answer

18 U.S.C. § 242 is the federal statute that makes it a crime for any person acting under color of law to willfully deprive someone of a right or privilege protected by the Constitution or laws of the United States, which is typically the basis for federal criminal prosecutions against state or federal police officers.

Quiz 11: Civil and Criminal Remedies for Constitutional Violations