Question 1

Individuals bringing a civil action against agents of the federal government may do so in accordance with

Accepted Answer

Bivens actions allow individuals to bring a civil lawsuit against federal government agents for constitutional violations.

Question 2

Any state action under the ________ is open to litigation under Section 1983.

Accepted Answer

The Fourteenth Amendment addresses equal protection and due process, making state actions that violate these principles subject to litigation under Section 1983.

Question 3

Which of the following remedies is available under Section 1983?

Accepted Answer

Section 1983 provides for civil remedies, including compensatory and punitive damages, for the violation of constitutional rights by persons acting under state law. It does not include criminal penalties like prison or probation.

Question 4

As a defense to liability, criminal justice personnel possess which of the following?

Accepted Answer

Qualified immunity protects criminal justice personnel from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Question 5

Under Section 1983, "every person" is defined as

Accepted Answer

Section 1983 applies to "every person" acting under state law, which includes both individual officers and administrators.

Question 6

Section 1983 was enacted into law through

Accepted Answer

Section 1983 was enacted into law through Congressional enactment.

Question 7

Section 1983 allows an individual to file a claim against criminal justice personnel in accordance with

Accepted Answer

Section 1983 provides a remedy for individuals whose federal constitutional rights have been violated by someone acting under the authority of state law.

Question 8

An off-duty police officer working in a police uniform as a security officer at a game is

Accepted Answer

An off-duty police officer in uniform is perceived as exercising police authority, thus acting under color of law.

Question 9

In failing to train litigation against a police administrator, the plaintiff must prove that

Accepted Answer

The plaintiff must prove that the lack of training amounted to a deliberate indifference to the rights of persons with whom the police come into contact, which is a standard set by the courts.

Question 10

The cardinal principle under Anglo-American law is the

Accepted Answer

The cardinal principle under Anglo-American law is to award compensation for sustaining a constitutional deprivation, as it aims to restore the injured party to the position they would have been in had the deprivation not occurred.

Quiz 15: Section 1983 Litigation in Criminal Justice: Darrell Ross