CITP Exam 1 Questions with Correct Answers
Federal Tort Claims Act (FTCA)
Law which allows the United States to be sued for the actions of federal employees within the
scope of their employment. Does not apply to state or local police officers. The United States
will be the proper defendant and can be held liable.
Good Samaritan Act
This act defines additional circumstances under which a federal officer might be determined
to be in the scope of their employment. It does not apply to state or local officers
Bivens
Case authorizes lawsuits against federal agents who intentionally violate an individuals 4th,
5th, or 8th amendment rights. Must allege two elements: 1) Violation of Constitutional Right
and 2) Person acting under the color of law
42 USC 1983
This statute authorizes civil lawsuits against state and local officials who violate federally
protected rights.
First Amendment
Free exercise of religion, speech, the press; the right of peaceful assembly; and to petition the
government for redress of grievances.
Fourth Amendment
No unreasonable searches and seizures. No warrants issued without probable cause.
Fifth Amendment
, Right to not self-incriminate, no double jeopardy, not be forced to stand trial without an
indictment from a Grand Jury. Ensures Due Process.
Sixth Amendment
Right to a speedy and public trial. Right to counsel. Right to an impartial jury, ability to
confront witnesses, compulsory process for obtaining defense witnesses.
Eighth Amendment
No excessive bail, fines, or cruel and unusual punishments.
Qualified Immunity
Shields government officials from personal liability for civil damages provided. Qualified
Immunity Eligibility: 1) The force was constitutional 2) That the law was not clearly
established at the time.
18 USC 241
This is the federal criminal conspiracy against rights statute. When two or more agents
conspire to deprive a citizen of constitutional rights, this is the appropriate statute to bring a
criminal prosecution.
18 USC 242
This statute makes it a crime for any person acting under color of law, statute, ordinance,
regulation, or custom to willfully deprive or cause to be deprived from any person those
rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
Graham Factors
SIRF: Severity, Immediete Threat, Resisting Arrest, Attemepting to Evade by Flight
Transactional Immunity
Federal Tort Claims Act (FTCA)
Law which allows the United States to be sued for the actions of federal employees within the
scope of their employment. Does not apply to state or local police officers. The United States
will be the proper defendant and can be held liable.
Good Samaritan Act
This act defines additional circumstances under which a federal officer might be determined
to be in the scope of their employment. It does not apply to state or local officers
Bivens
Case authorizes lawsuits against federal agents who intentionally violate an individuals 4th,
5th, or 8th amendment rights. Must allege two elements: 1) Violation of Constitutional Right
and 2) Person acting under the color of law
42 USC 1983
This statute authorizes civil lawsuits against state and local officials who violate federally
protected rights.
First Amendment
Free exercise of religion, speech, the press; the right of peaceful assembly; and to petition the
government for redress of grievances.
Fourth Amendment
No unreasonable searches and seizures. No warrants issued without probable cause.
Fifth Amendment
, Right to not self-incriminate, no double jeopardy, not be forced to stand trial without an
indictment from a Grand Jury. Ensures Due Process.
Sixth Amendment
Right to a speedy and public trial. Right to counsel. Right to an impartial jury, ability to
confront witnesses, compulsory process for obtaining defense witnesses.
Eighth Amendment
No excessive bail, fines, or cruel and unusual punishments.
Qualified Immunity
Shields government officials from personal liability for civil damages provided. Qualified
Immunity Eligibility: 1) The force was constitutional 2) That the law was not clearly
established at the time.
18 USC 241
This is the federal criminal conspiracy against rights statute. When two or more agents
conspire to deprive a citizen of constitutional rights, this is the appropriate statute to bring a
criminal prosecution.
18 USC 242
This statute makes it a crime for any person acting under color of law, statute, ordinance,
regulation, or custom to willfully deprive or cause to be deprived from any person those
rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
Graham Factors
SIRF: Severity, Immediete Threat, Resisting Arrest, Attemepting to Evade by Flight
Transactional Immunity
