chapter 11_ Due process
Which of the following is not a stage of internal review?
Arbitration
What is the single greatest cause of injury to women in America?
Domestic Violence
the first U.S. ________ case was DeShaney v. Winnebago County Department of Social Services (1989).
Duty-to-protect
Lawsuits against the federal government are possible because of which of the following?
Federal Tort Claims Act (FTCA)
Beltran v. City of El Paso (2004) ruled that:
The 911 operator had no affirmative duty to protect a mother and daughter from their husband/father who murdered them.
Arresting and successfully establishing criminal liability against police officers is difficult to accomplish because it is hard to prove intent in many cases.
True
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):
a danger created by the state
According to the U.S. Supreme Court, there is an exception to the no-duty-to-protect rule, called the special-relationship exception. That special relationship is:
custody
Internal affairs review involves review of complaints against police officers with participation by individuals who are not sworn police officers
false
What type of immunity was established in Imbler v. Pachtman (1976), Burns v. Reed (1991), Buckley v. Fitzsimmons (1993), and Kalina v. Fletcher (1997)?
functional immunity
Prior to 1971, individuals were banned from suing ___________ for violations of their constitutional rights, but that changed in Bivens v. Six Unnamed FBI Agent (1971).
individual law enforcement officers
Research about the effectiveness of civilian review boards shows that:
it is difficult to measure their effectiveness
Individual officers or government agencies cannot be sued for failing to stop private people from violating their right by inflicting injuries on them. This is known as the:
no affirmative to protect rule
Civil actions by citizens against the government derive from all the following except:
penal codes
Law enforcement officers have defense called _______, wherein individual officers cannot be held personally liable for official action if their action meets the test of objective legal reasonableness.
qualified immunity
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:
the Federal Tort Claim Act
According to the Supreme Court in Anderson v. Creighton, involving a lawsuit for damages stemming from the FBI's warrantless search of a house, police officers are entitled to qualified immunity for their illegal acts:
when they can establish that a reasonable officer could have believed that the search did not violate the Fourth Amendment, even though it actually did