A) constitutional tort actions against federal officers. B) prohibited against officials who act under color of authority. C) do not have to show unreasonable legal action by the defendants. D) banned against federal officials. A) constitutional tort actions against federal officers. B) prohibited against officials who act under color of authority. C) do not have to show unreasonable legal action by the defendants. D) banned against federal officials.

Exam 11: Confessions and Admissions: Miranda V Arizona

In order to prevail in a Section 1983 lawsuit, plaintiffs must prove: I. the officer acted "under color of authority" II. the officer's actions deprived the plaintiff of their rights under the U.S. Constitution III. the plaintiff suffered serious injury IV. the officer's actions were criminal

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(Multiple Choice)

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Question 1

Correct Answer:

Verified

Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance.

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Question 2

Correct Answer:

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Until 1971, individual citizens could not sue federal officers for violation of their constitutional rights. The U.S. Supreme Court case of Bivens v. Six Unnamed FBI Agents changed that. Six FBI agents searched Bivens's apartment without either a search or arrest warrant. They handcuffed him in the presence of this family and took him down to a federal building where he was again searched, interrogated, and booked. Bivens sued claiming these events caused him humiliation, embarrassment, and mental suffering and sought $15,000 from each of the officers.
In Bivens, the Court created a constitutional tort, a private right to sue federal officers for violations of a plaintiff's constitutional rights. To succeed, plaintiffs have to prove two elements: 1. That the officers were acting under color of law, and 2. That the officers' actions deprived the plaintiff of a constitutional right. Even if the plaintiff proves these two elements, law enforcement officers will not be liable if they can show that their actions constitute what is called qualified immunity.

The risk of vexatious litigation interfering with their official duties supports giving prosecutors absolute immunity for their decisions associated with the judicial phase of the criminal process.

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(True/False)

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Question 3

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True

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

(True/False)

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Question 4

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

(True/False)

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Question 5

Bivens actions are:

(Multiple Choice)

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Question 6

In order to win a Section 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit.

(True/False)

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Question 7

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

(Multiple Choice)

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Question 8

The Federal Tort Claims Act:

(Multiple Choice)

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Question 9

According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her children in a fire:

(Multiple Choice)

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Question 10

The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:

(Multiple Choice)

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Question 11

A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.

(True/False)

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Question 12

Suits under the Civil Rights Act are commonly called _____________________.

(Short Answer)

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Question 13

Which of the following is not a stage of internal review?

(Multiple Choice)

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Question 14

Officers who violate the constitutional rights of private individuals commit a/n _________.

(Short Answer)

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Question 15

The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights.

(True/False)

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Question 16

According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of her children in a fire:

(Multiple Choice)

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Question 17

Under the doctrine of sovereign immunity, governments are always immune from lawsuit.

(True/False)

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Question 18

Research indicates that:

(Multiple Choice)

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Question 19

The legal doctrine of holding employers liable for wrongs committed by their employees if the employee is acting in the scope of employment is known as:

(Multiple Choice)

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Question 20

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In order to prevail in a Section 1983 lawsuit, plaintiffs must prove: I. the officer acted "under color of authority" II. the officer's actions deprived the plaintiff of their rights under the U.S. Constitution III. the plaintiff suffered serious injury IV. the officer's actions were criminal

Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance.

The risk of vexatious litigation interfering with their official duties supports giving prosecutors absolute immunity for their decisions associated with the judicial phase of the criminal process.

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

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

Bivens actions are:

In order to win a Section 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit.

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

The Federal Tort Claims Act:

According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her children in a fire:

The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:

A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.

Suits under the Civil Rights Act are commonly called _____________________.

Which of the following is not a stage of internal review?

Officers who violate the constitutional rights of private individuals commit a/n _________.

The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights.

According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of her children in a fire:

Under the doctrine of sovereign immunity, governments are always immune from lawsuit.

Research indicates that:

The legal doctrine of holding employers liable for wrongs committed by their employees if the employee is acting in the scope of employment is known as:

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Motor Vehicle Stops, Searches, and Inventories

Plain View, Open Fields, Abandonment, and Border Searches

Lineups and Other Means of Pretrial Identification

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

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