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Copyright Cengage Learning. Powered by Cognero.
Page 13
REFERENCES:
Civil Actions
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.03 - Understand constitutional tort actions (Bivens actions) against
officers and Federal Tort Claims Act actions against public institutions.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:12 AM
DATE MODIFIED:
1/6/2017 2:40 AM
34. Courts that have allowed the state-created-danger exception apply it in one of two ways. The first way requires a
special relationship between the government and the victim, plus:
a.
a plaintiff who committed only a minor offense.
b.
an affirmative defense.
c.
a danger created by the state.
d.
a danger created by the plaintiff.
ANSWER:
c
POINTS:
1
REFERENCES:
Law Enforcement Duty to Protect
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.06 - Understand that the Constitution places no duty on officers to
protect individuals from each other, and that it doesn’t create a right of private parties to sue
officers for failing to prevent crime. Understand the “special relationship” and “state-created
danger” exceptions to the no-duty-to-protect rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:15 AM
DATE MODIFIED:
1/6/2017 2:40 AM
35. What kind of immunity do prosecutors have from civil lawsuits?
a.
absolute immunity
b.
qualified immunity
c.
sovereign immunity
d.
functional immunity
ANSWER:
d
POINTS:
1
REFERENCES:
Suing Judges and Prosecutors
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.07 - Understand that judges enjoy absolute immunity, and prosecutors
have functional immunity.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:18 AM
DATE MODIFIED:
1/6/2017 2:40 AM
36. Most officers’ misconduct might also be a crime.
a.
True
b.
False
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Page 14
ANSWER:
True
POINTS:
1
REFERENCES:
Criminal Actions
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.01 - Understand that most police misconduct can also be a crime. Know
that police are rarely charged or convicted for criminal misconduct.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:20 AM
DATE MODIFIED:
1/6/2017 2:40 AM
37. External civilian review results in more charges against police officers being sustained than internal review.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Administrative Remedies
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.08 - Know the role of administrative action in remedying misconduct.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:23 AM
DATE MODIFIED:
1/6/2017 2:40 AM
38. Prosecutors have qualified immunity for their conduct as advocates in the judicial phase of the criminal process.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Suing Judges and Prosecutors
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.07 - Understand that judges enjoy absolute immunity, and prosecutors
have functional immunity.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:25 AM
DATE MODIFIED:
1/6/2017 2:40 AM
39. If police officers honestly believe they are enforcing the law and not committing a crime, then they are not criminally
guilty.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Criminal Actions
QUESTION TYPE:
True / False
Copyright Cengage Learning. Powered by Cognero.
Page 15
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.01 - Understand that most police misconduct can also be a crime. Know
that police are rarely charged or convicted for criminal misconduct.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:27 AM
DATE MODIFIED:
1/6/2017 2:40 AM
40. Police are rarely charged with, or convicted of, criminal misconduct.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Criminal Actions
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.01 - Understand that most police misconduct can also be a crime. Know
that police are rarely charged or convicted for criminal misconduct.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:33 AM
DATE MODIFIED:
1/6/2017 2:40 AM
41. A prosecutor’s appearance in court in support of an application for a search warrant is protected by qualified
immunity.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Suing Judges and Prosecutors
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.07 - Understand that judges enjoy absolute immunity, and prosecutors
have functional immunity.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:36 AM
DATE MODIFIED:
1/6/2017 2:40 AM
42. All states allow citizens to bring suits against them for the constitutional violations of their officers.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.04 - Know the role of Civil Rights Act actions in holding law
enforcement officials responsible for violating the constitutional rights of individuals.
Understand the limitations of lawsuits brought against states and their officers.
Copyright Cengage Learning. Powered by Cognero.
Page 16
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:38 AM
DATE MODIFIED:
1/6/2017 2:40 AM
43. The defense of vicarious official immunity means that police departments and local governments can claim the official
immunity of their employees.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.05 - Know that plaintiffs can sue local governments instead of, or in
addition to, suing local officers. Understand the complexities and limitations of suing local
governments.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:48 AM
DATE MODIFIED:
1/6/2017 2:40 AM
44. Most police believe that internal affairs units are necessary.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Administrative Remedies
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.08 - Know the role of administrative action in remedying misconduct.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:51 AM
DATE MODIFIED:
1/6/2017 2:40 AM
45. In order to win a § 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color
of state law when the officer engaged in the behavior that is the subject of the suit.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.04 - Know the role of Civil Rights Act actions in holding law
enforcement officials responsible for violating the constitutional rights of individuals.
Understand the limitations of lawsuits brought against states and their officers.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:53 AM
DATE MODIFIED:
1/6/2017 2:40 AM
46. Under the doctrine of respondeat superior, state and local governments and their agencies are liable for their
employees’ torts, if the employees committed the torts during the course of their employment.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.02 - Know that civil actions against (a) the federal government and its
officers; (b) local, county, and state officers, law enforcement agencies, and government
units; and (c) other government employees are controlled by different statutes, court
decisions, and government units.
CRPR.SAMA.18.11.05 - Know that plaintiffs can sue local governments instead of, or in
addition to, suing local officers. Understand the complexities and limitations of suing local
governments.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:56 AM
DATE MODIFIED:
1/6/2017 2:40 AM
47. The government and its officers have a constitutional duty to protect individuals from other private individuals who
violate their rights.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Law Enforcement Duty to Protect
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.06 - Understand that the Constitution places no duty on officers to
protect individuals from each other, and that it doesn’t create a right of private parties to sue
officers for failing to prevent crime. Understand the “special relationship” and “state-created
danger” exceptions to the no-duty-to-protect rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:58 AM
DATE MODIFIED:
1/6/2017 2:40 AM
48. Under the doctrine of sovereign immunity, governments are always immune from lawsuits.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
True / False
Copyright Cengage Learning. Powered by Cognero.
Page 18
officers and Federal Tort Claims Act actions against public institutions.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:02 AM
DATE MODIFIED:
1/6/2017 2:40 AM
49. In Town of Castle Rock v. Gonzalez (2005), the Court ruled that individuals have a constitutional right to have
restraining orders enforced.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Law Enforcement Duty to Protect
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.06 - Understand that the Constitution places no duty on officers to
protect individuals from each other, and that it doesn’t create a right of private parties to sue
officers for failing to prevent crime. Understand the “special relationship” and “state-created
danger” exceptions to the no-duty-to-protect rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:05 AM
DATE MODIFIED:
1/6/2017 2:40 AM
50. Under the state-created-danger exception to the no-duty-to-protect rule, a law enforcement officer can be held liable
under § 1983 if the officer’s actions created a special danger to the general public.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Law Enforcement Duty to Protect
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.06 - Understand that the Constitution places no duty on officers to
protect individuals from each other, and that it doesn’t create a right of private parties to sue
officers for failing to prevent crime. Understand the “special relationship” and “state-created
danger” exceptions to the no-duty-to-protect rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:07 AM
DATE MODIFIED:
1/6/2017 2:40 AM
51. Plaintiffs can sue individual state officers in two kinds of actions: _______________ tort lawsuits and federal U.S.
Civil Rights Act lawsuits.
ANSWER:
state
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.04 - Know the role of Civil Rights Act actions in holding law
Copyright Cengage Learning. Powered by Cognero.
Page 19
enforcement officials responsible for violating the constitutional rights of individuals.
Understand the limitations of lawsuits brought against states and their officers.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:09 AM
DATE MODIFIED:
1/6/2017 2:40 AM
52. A person who brings a suit against the government asking for a remedy is called the _______________.
ANSWER:
plaintiff
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.02 - Know that civil actions against (a) the federal government and its
officers; (b) local, county, and state officers, law enforcement agencies, and government
units; and (c) other government employees are controlled by different statutes, court
decisions, and government units.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:11 AM
DATE MODIFIED:
1/6/2017 2:40 AM
53. State and local governments are responsible for the torts of their employees, if the torts are committed during the
employees’ employment, under the doctrine of _______________ _______________.
ANSWER:
respondeat superior
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.05 - Know that plaintiffs can sue local governments instead of, or in
addition to, suing local officers. Understand the complexities and limitations of suing local
governments.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:13 AM
DATE MODIFIED:
1/6/2017 2:40 AM
54. _______________ actions are brought by plaintiffs suing defendants to collect money owed or damages for injuries
suffered.
ANSWER:
Civil
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.02 - Know that civil actions against (a) the federal government and its
officers; (b) local, county, and state officers, law enforcement agencies, and government
units; and (c) other government employees are controlled by different statutes, court
decisions, and government units.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:16 AM
DATE MODIFIED:
1/6/2017 2:40 AM
Copyright Cengage Learning. Powered by Cognero.
Page 20
55. _______________ remedies are used to discipline public officials to remedy misconduct.
ANSWER:
Administrative
POINTS:
1
REFERENCES:
Administrative Remedies
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.08 - Know the role of administrative action in remedying misconduct.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:18 AM
DATE MODIFIED:
1/6/2017 2:40 AM
56. Lawsuits against individual federal law enforcement officers for constitutional violations are called _______________
_______________.
ANSWER:
Bivens actions or constitutional torts
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.03 - Understand constitutional tort actions (Bivens actions) against
officers and Federal Tort Claims Act actions against public institutions.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:20 AM
DATE MODIFIED:
1/6/2017 2:40 AM
57. Civil Rights Act actions are lawsuits against individuals in _______________ or _______________ law enforcement
for violating people’s constitutional rights.
ANSWER:
state; local
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.04 - Know the role of Civil Rights Act actions in holding law
enforcement officials responsible for violating the constitutional rights of individuals.
Understand the limitations of lawsuits brought against states and their officers.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:22 AM
DATE MODIFIED:
1/6/2017 2:40 AM
58. Suits under the Civil Rights Act are commonly called _______________ _______________.
ANSWER:
1983 actions
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.04 - Know the role of Civil Rights Act actions in holding law
enforcement officials responsible for violating the constitutional rights of individuals.
Understand the limitations of lawsuits brought against states and their officers.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:24 AM
DATE MODIFIED:
1/6/2017 2:40 AM
59. The special-relationship exception is based on the special relationship that exists between the government and persons
in its _______________.
ANSWER:
custody
POINTS:
1
REFERENCES:
Law Enforcement Duty to Protect
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.06 - Understand that the Constitution places no duty on officers to
protect individuals from each other, and that it doesn’t create a right of private parties to sue
officers for failing to prevent crime. Understand the “special relationship” and “state-created
danger” exceptions to the no-duty-to-protect rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:26 AM
DATE MODIFIED:
1/6/2017 2:40 AM
60. Reviews of complaints against police officers by participants who themselves are not police officers is called
_______________ _______________.
ANSWER:
civilian review
POINTS:
1
REFERENCES:
Administrative Remedies
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.08 - Know the role of administrative action in remedying misconduct.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:29 AM
DATE MODIFIED:
1/6/2017 2:40 AM
61. Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance.
ANSWER:
Until 1971, individual citizens could not sue federal officers for violation of their
constitutional rights. The SCOTUS case Bivens v. Six Unnamed FBI Agents changed that. Six
FBI agents searched Bivens’s apartment without either a search warrant or an arrest warrant.
They handcuffed him in the presence of this family and took him down to a federal building
where he was searched, interrogated, and booked. Bivens sued, claiming these events caused
him humiliation, embarrassment, and mental suffering, and sought $15,000 from each of the
REFERENCES:
Civil Actions
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.03 - Understand constitutional tort actions (Bivens actions) against
officers and Federal Tort Claims Act actions against public institutions.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 6:31 AM
DATE MODIFIED:
1/6/2017 2:40 AM
62. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.
ANSWER:
The qualified immunity defense to federal constitutional tort claims against police officers
has two elements:
(1) The officers’ actions must meet the test of objective legal reasonableness.
(2) Reasonableness is measured by legal rules “clearly established at the time the officers
acted.”
This test is easy for officers to pass, since the officers’ acts do not have to be correct but only
reasonable given the law at the time. The reason for creating this easy test is to protect
officers’ broad discretion to do their jobs and keep them from being sued in frivolous
lawsuits.
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.03 - Understand constitutional tort actions (Bivens actions) against
officers and Federal Tort Claims Act actions against public institutions.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 6:33 AM
DATE MODIFIED:
1/6/2017 2:40 AM
63. Identify and describe the differences between the two kinds of state civil lawsuits that can be brought against
individual state officers.
ANSWER:
Plaintiffs can sue individual state officers in two types of cases: state tort lawsuits and federal
U.S. Civil Rights Act lawsuits.
A state tort lawsuit is brought to recover monetary damages for injuries caused by officials’
civil wrongs against the plaintiff. Examples of such civil wrongs are assault, false arrest,
trespass, and breaking and entering.
A federal U.S. Civil Rights Act lawsuit is brought under Title 42, § 1983 of the Civil Rights
Act of 1871. This allows a plaintiff to go into federal court to sue state law enforcement
agencies and individual law enforcement officers for violating the plaintiff’s federal
constitutional rights.
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Essay
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 6:36 AM
DATE MODIFIED:
1/6/2017 2:40 AM
64. Identify the two elements that plaintiffs in § 1983 actions against state and local law enforcement officers have to
prove. Identify and describe the two limits placed by SCOTUS on § 1983 actions against state and local officers.
ANSWER:
In a § 1983 action against state and local law enforcement officers, the plaintiff must prove
two elements:
(1) The officials acted “under color of state law,” which includes all acts done within the
scope of the officers’ employment.
(2) The officers’ actions caused the deprivation of the plaintiff’s federal rights.
Besides the two statutory elements that plaintiffs must prove in a § 1983 action, SCOTUS has
added two more:
(1) The plaintiff cannot recover for accidental or even negligent violations of federal civil
rights. The law enforcement officers’ violations must be deliberate.
(2) State and local officers are protected by the same qualified immunity, under § 1983, that
federal officers have, under Bivens and the Federal Tort Claims Act.
POINTS:
1
REFERENCES:
Civil Actions
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.11.04 - Know the role of Civil Rights Act actions in holding law
enforcement officials responsible for violating the constitutional rights of individuals.
Understand the limitations of lawsuits brought against states and their officers.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 6:37 AM
DATE MODIFIED:
1/6/2017 2:40 AM
65. The most common accountability procedure for all kinds of police misconduct is administrative review and discipline
outside the courts. Define the two types of administrative review, and discuss any differences between the two types.
ANSWER:
The two types of administrative review are: an internal affairs unit (IAU) review and an
external civilian review. An IAU review is a review of police misconduct by special officers
inside a police department. An external civilian review is a review of complaints against
police officers with participation by individuals who aren’t sworn police officers.
Internal review consists of four consecutive stages: intake, investigation, deliberation, and
disposition. Four possible decisions can be made in the deliberation stage: unfounded,
exonerated, not sustained, and sustained. If the decision is unfounded, exonerated, or not
sustained, the case is disposed of and closed. If the decision is sustained, the supervisor
recommends disciplinary action. This recommendation goes through the chain of command
until it reaches the chief, who makes the decision regarding the disciplinary action.
Copyright Cengage Learning. Powered by Cognero.
Page 24
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 6:40 AM
DATE MODIFIED:
1/6/2017 12:53 PM
