PA301 Admin law Unit 8

State immunity occurs because

A state is not a person defined under Section 1983 and because of the Eleventh Amendment

The Federal Tort Claims Act creates federal immunity for torts committed by governmental officials of the United States.

False

Awards for pain and suffering are awarded through

General Damages

Which of the following is NOT an exception under the Federal Tort Claims Act?

Ministerial and operational acts

If an individual speaks as a citizen on an issue of ________, the government can restrict speech only to the extent necessary to ensure the efficient and effective operation of the employer.

Public Concern

Which of the following is NOT afforded immunity

Public Defenders

Which of the following is NOT recoverable against local governments in a §1983 suit?

Punitive damages

To determine if a private party acting under the direction of or pursuant to law thereby permitting section 1983 to apply, the court will apply the following test

The Compulsion Test

A lawsuit against an officer in his or her official capacity is the same as suing the government.

True

Police officers owe a general public duty to prevent crime.

True

Punitive damages may be awarded in §1983 actions when the defendant's actions are reckless or malicious.

True

The United States is liable only to the extent it has authorized suit or when liability is constitutionally imposed.

True

A juror is entitled to:

absolute immunity

Official immunity gives public officials ________ immunity for the performance of ________ acts.

absolute; discretionary

Under the Federal Tort Claims Act, law enforcement officers are currently immunized against:

deceit

The decision to fight a fire is ________; fighting the fire is ________.

discretionary; ministerial

Absolute immunity is:

freedom from being sued for performing certain functions

Qualified immunity is:

freedom from liability for performing certain functions

Section 1983 actions arise from:

the Civil Rights Act of 1871

Law enforcement officers enjoy absolute immunity:

when testifying in court