CITP Exam 1 | GRADED A+ | VERIFIED CORRECT ANSWERS |
COMPREHENSIVE EXAM REVIEW 2026
LGD-00101 Identify the elements, applicability, and scope of 42 U.S.C. § 1983 and
the Bivens Analogy. -✓✓ANSWER: Tort: private or civil wrong or injury (lawsuit
$$$) preponderance of evidence
Crime: public wrong against society (prosecution, prison) proof beyond a
reasonable doubt
TITLE 42 U.S.C. § 1983 (State and local LEO)
Elements:
- an act;
-under color of law
-depriving any person
-of rights, privileges, immunities secured by consitutional/federal laws
** specific intent not required, act is based on a reasonable officer standard
Bivens (federal LEO - the right to sue feds)
Elements;
- an act;
-under color of law
-depriving any person
-of rights, privileges, immunities secured by consitutional/federal laws
***reasonable officer standard,
-4, 5, 8 amendment, no 1st amend. claims so far
,• LGD-00176 Recognize incidents of potential civil liability for Federal Law
Enforcement Officers under state tort theories and the FTCA protection from
individual liability. -✓✓ANSWER: Negligent torts: failure to act reasonably, such as
slip and fall, traffic accidents, malpractice
-Legal duty of care, breach of that duty, causation, damages
Intentional torts: deliberate acts, such as assault, battery, false imprisonment
-An act, done with intent, to cause, damages
Federal Tort Claims Act (FTCA) - to sue a FED for a tort committed
- negligent and intentional torts committed by fleo
-> acting within scope of their employment (basically acting within agency policy,
job description, etc.)
Applies to those with authority to;
-arrest, search, seizure
Stature of limitations = 2 years from time incident occurred, US district court
• LGD-00178 Recognize the most common incidents of civil liability for Federal
Law Enforcement Officers under Bivens and the defense of qualified immunity. -
✓✓ANSWER: 1) unlawful warrantless arrests w/out probable cause
2) knowingly submitting a false or misleading affidavit for search or arrest
warrants
3) perjury or testimony made in reckless disregard of the truth
4) intentional or reckless omission of facts
5) failure to intervene when excessive force was used
6) 4th amendment excessive use of force claims (graham v connor standard,
objectively reasonable)
, Qualified Immunity -- constitutional tort
- constitutional right was violated
- law was clearly established
• LGD-00059 Identify how the U.S. Constitution applies to law enforcement
officer behavior. & LGD-00146 Identify the rights and privileges guaranteed to
citizens by the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to
the Constitution. -✓✓ANSWER: 1st - freedom of speech, press, religion, peacefully
assemble
4th - no unreasonable search and seizure
5th - grand jury, double jeopardy, self-incrimination clause, due process (pre-trial
rights)
6th - speedy trial, impartial jury, to be informed, confronted w/witnesses against,
compulsory process, assistance of counsel (pre-trial rights)
8th - no excessive bail, no cruel & unusual punishment
14th - bill of rights applicable to the states (originally only limited power of fed.
gov't -- now states too)
• LGD-00086 Identify the components of the criminal justice system that originate
in the U.S. Constitution. -✓✓ANSWER: 4) warrants
- unreasonable search and seizure
5) grand-jury
- self-incrimination
- due process
- double-jeopardy
6) counsel
COMPREHENSIVE EXAM REVIEW 2026
LGD-00101 Identify the elements, applicability, and scope of 42 U.S.C. § 1983 and
the Bivens Analogy. -✓✓ANSWER: Tort: private or civil wrong or injury (lawsuit
$$$) preponderance of evidence
Crime: public wrong against society (prosecution, prison) proof beyond a
reasonable doubt
TITLE 42 U.S.C. § 1983 (State and local LEO)
Elements:
- an act;
-under color of law
-depriving any person
-of rights, privileges, immunities secured by consitutional/federal laws
** specific intent not required, act is based on a reasonable officer standard
Bivens (federal LEO - the right to sue feds)
Elements;
- an act;
-under color of law
-depriving any person
-of rights, privileges, immunities secured by consitutional/federal laws
***reasonable officer standard,
-4, 5, 8 amendment, no 1st amend. claims so far
,• LGD-00176 Recognize incidents of potential civil liability for Federal Law
Enforcement Officers under state tort theories and the FTCA protection from
individual liability. -✓✓ANSWER: Negligent torts: failure to act reasonably, such as
slip and fall, traffic accidents, malpractice
-Legal duty of care, breach of that duty, causation, damages
Intentional torts: deliberate acts, such as assault, battery, false imprisonment
-An act, done with intent, to cause, damages
Federal Tort Claims Act (FTCA) - to sue a FED for a tort committed
- negligent and intentional torts committed by fleo
-> acting within scope of their employment (basically acting within agency policy,
job description, etc.)
Applies to those with authority to;
-arrest, search, seizure
Stature of limitations = 2 years from time incident occurred, US district court
• LGD-00178 Recognize the most common incidents of civil liability for Federal
Law Enforcement Officers under Bivens and the defense of qualified immunity. -
✓✓ANSWER: 1) unlawful warrantless arrests w/out probable cause
2) knowingly submitting a false or misleading affidavit for search or arrest
warrants
3) perjury or testimony made in reckless disregard of the truth
4) intentional or reckless omission of facts
5) failure to intervene when excessive force was used
6) 4th amendment excessive use of force claims (graham v connor standard,
objectively reasonable)
, Qualified Immunity -- constitutional tort
- constitutional right was violated
- law was clearly established
• LGD-00059 Identify how the U.S. Constitution applies to law enforcement
officer behavior. & LGD-00146 Identify the rights and privileges guaranteed to
citizens by the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to
the Constitution. -✓✓ANSWER: 1st - freedom of speech, press, religion, peacefully
assemble
4th - no unreasonable search and seizure
5th - grand jury, double jeopardy, self-incrimination clause, due process (pre-trial
rights)
6th - speedy trial, impartial jury, to be informed, confronted w/witnesses against,
compulsory process, assistance of counsel (pre-trial rights)
8th - no excessive bail, no cruel & unusual punishment
14th - bill of rights applicable to the states (originally only limited power of fed.
gov't -- now states too)
• LGD-00086 Identify the components of the criminal justice system that originate
in the U.S. Constitution. -✓✓ANSWER: 4) warrants
- unreasonable search and seizure
5) grand-jury
- self-incrimination
- due process
- double-jeopardy
6) counsel
