AJ-004 Chapter 14
Protection against double jeopardy does apply when an officer is prosecuted under state and federal criminal laws for the same act.
F
The two types of state tort cases are intentional tort and administrative tort.
F
Tort law is primarily a product of penal code.
F
3 d. acting under color of law
The use of power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state is known as
An officer can be prosecuted under state and federal criminal laws for the same act, and the protection against double jeopardy does not apply.
T
Being sued is an occupational hazard in modern day policing.
T
Civil and criminal penalties may result from a single act.
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Good faith and official immunity are the defenses often used in civil liability cases.
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Good faith is a defense in Section 1983 cases.
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In most states, by law or official policy, state agencies provide representation to state law enforcement officers in civil actions.
T
In state tort cases, good faith means that the officer "acted in the honest belief that the action taken or the decision was appropriate under the circumstances."
T
Legal liabilities under federal and state laws further fall into three subcategories.
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Most state agencies, by law or official policy, provide representation to state law enforcement officers in civil actions.
T
Most state courts have held that police are not liable for the damages caused by a motorist fleeing from the police.
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One of the defenses in Section 1983 cases is the qualified immunity defense
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One of the realities of modern-day policing is a civil lawsuit filed by members of the public.
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One of the requirements for a Section 1983 lawsuit to succeed is that plaintiff must prove the defendant was acting under color of law.
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One of the requirements for a Section 1983 lawsuit to succeed is that plaintiff must prove there was a violation of a right given by the Constitution or by federal law.
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One type of state tort cases is intentional tort.
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Plaintiffs' lawyers maintain that lawsuits can result in long-term benefit to the department and the community in that it focuses on police misconduct and thus minimizes recurrence.
T
Section 1983 cases dealing with police liability are also referred to as civil rights cases.
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The opposite of a discretionary act is a supervisory act.
T
17. The two categories of types of force used by police officers are
a. nondeadly and deadly
14. Which of the following is not a requirement to establish the official immunity defense in state tort actions?
a. special relationship
7. To obtain money damages from a police officer under Section 1983, the plaintiff must prove the officer was acting under color of law and that the officer
a. violated a constitutional right or one given by federal law
40. A single act by the police can violate
all of these
35. The probable cause defense which is a reasonable good faith belief in the legality of the action taken, can only be used in cases alleging violations of rights based on the
b. Fourth Amendment
39. Which defense, in Section 1983 cases, holds that the officer "acted in the honest belief that the action taken or the decision was appropriate under the circumstances?"
b. The Good Faith Defense
23. When it is determined that a person files a false complaint against the police, a city can criminally prosecute individuals
b. for knowingly filing false complaints against the police
8. If an on-duty officer violates state law, under Section 1983, the officer
b. is still acting under color of law
36. The term "direct liability" applies to violation of the rights of
b. officers
13. Which of the following is not one of the three subcategories of legal liabilities under federal and state laws?
b. public
28. According to Groh v. Ramirez
c. An officer is not entitled to qualified immunity if "it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."
27. According to Harlow v. Fitzgerald
c. Government officials performing discretionary functions are shielded 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.
32. In which case did the Supreme Court hold that "A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment even when it places the fleeing motorist at risk of serious injury or death?"
c. Scott v. Harris (2000)
15. One exception to the public duty doctrine occurs when there is
c. a special relationship
22. The Court has ruled that in cases based on federal law (Section 1983), supervisory liability based on failure to train is based on
c. deliberate indifference
25. The basis for liability under federal civil and criminal statutes is
c. interference with federal statutory or constitutional rights
11. The breach of a common law or statutory duty to act reasonably toward those who may foreseeably be harmed by one's conduct is known as a/an
c. negligence tort
5. Title 42 of the U.S. Code, Section 1983 is commonly referred to as
c. the civil rights law
37. What is required for a Section 1983 case to succeed?
c. the defendant must have been acting under color of law and there must have been a violation of a constitutional right or a right given by federal law
21. Battery is
c. the intentional infliction of harmful or offensive body contact
26. In Scott v. Harris (2007), the Court held that police can use deadly force in connection with vehicle chase as long as suspect's behavior constitutes a danger to
c. the public
19. Most state agencies, by law or official policy, provide representation to state law enforcement officers in civil actions. Such representation is usually undertaken by
c. the state attorney general
12. False arrest, false imprisonment, assault, and battery are examples of
d. intentional torts
16. One of the implications of the good faith defense under Section 1983 is that police agencies have an obligation to
d. keep up with new court decisions involving constitutional and federal rights
38. The qualified immunity defense says that
none of these
public duty doctrine
the doctrine that hold that gov functions are owed to the general public but not to specific individuals is the
the qualified immunity defense
which defense holds that an officer is not civilly liable unless he or she violated a clearly established statutory or constitutional right of which a reasonable person would have known
Official immunity is not a defense in state tort cases.
F
One of the defenses in Section 1983 cases is the reasonable suspicion defense.
F
Police legal liability cases come only from federal law.
F
In a civil liability case, plaintiffs rarely sue the officer, the supervisor, and the agency.
F
Infliction of mental or emotional distress is a negligence tort.
F
4. at the same time
An officer's liability under Section 1983 and state tort cases are
It is hard for a plaintiff to file a Section 1983 lawsuit based on alleged violation of a constitutional right by the police.
F
Civil liability under federal law and under state law have the same requirements.
F
Criminal prosecutions of an officer may not take place in state court and federal court for the same act.
F
29. Brosseau v. Haugen held that
a. "If the law at that time did not clearly establish that the officer's conduct would violate the Constitution, the officer should not be subject to liability, or indeed, even the burdens of litigation."
10. A tort is
a. a civil wrong in which the action of one person causes injury to the person or property of another person in violation of a duty imposed by law
6. The main difference between assault and battery is that
a. assault is generally menacing conduct that results in a person's fear of imminently receiving battery, whereas battery involves unlawful, unwarranted, or hostile touching
9. Which of the following have the courts held is an indication that an officer who is "moonlighting" is acting under the color of the law?
d. all of these
33. Which of the following are defenses used in Section 1983 cases?
d. both qualified immunity and probable cause defense
20. Assault is
d. both the apprehension of offensive conduct and the threat to inflict bodily harm
31. Besides proving that a defendant was acting under color of law, which of the following must a plaintiff prove in a Section 1983 lawsuit?
d. either a violation of a Constitutional right or one given by Federal Law
18. A Section 1983 case is filed under
d. federal law
