LMPT 2409 Exam 1
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1. What are the Elements to 42 U.S.C.? -Commit an act
-Under color of law of a state, territory, or the Dis-
trict of Columbia
-Depriving any person (within U.S. jurisdiction)
-Of rights, privileges, or immunities secured by the
constitution or federal laws
2. What is the applicability and Scope of - Must be acting under color of law
42 U.S.C. and Bivens Analogy? - No specific intent to violate constitutional or fed-
eral civil right needed.
3. What is the Bivens Analogy? Bivens V. Six ( Unknown named agents of Federal
Bureau of Narcotics) is a case stemming from the
loophole regarding the State and local law enforce-
ment being affected by 42 U.S.C., but not Feder-
al Law Enforcement. Webster Bivens alleged that
the agents searched his apartment and arrested
him without a search warrant and filed a civil suit
arguing that his 4th amendment rights had been
violated. Bivens eventually reached the Supreme
Court. Due to the complaint being of a federal lev-
el, the Supreme court referred the judgment take
place in federal court, rather than at state level
since there were no laws at state level prohibiting
federal agents from the alleged act. The decision
was ultimately ruled that federal agents are now
subject to civil suits in federal court regarding civil
rights violations.
4. What did Bivens V. Six establish in re- It established Federal Officers and Agents may be
gards to the Federal Law Enforcement sued in civil court for violating a person's constitu-
Officer Profession? tional rights.
, LMPT 2409 Exam 1
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5. What is the FTCA? The Federal Tort Claims Act
6. What is the purpose of the FTCA? - Provide people injured by wrongdoing of Federal
employees with an appropriate remedy against the
U.S.
- Protect Federal Employees from personal liabili-
ty for wrongdoing committed within the scope of
their employment
7. What torts (wrongdoings) does the - Negligent Torts
FTCA cover (protect) in regards to law- - Intentional Torts
suits?
8. What is an example of a Negligent Tort Anything that Bivens V. Six established for Negli-
which would not be protected under gent Torts
the FTCA?
9. The FTCA provides protection in re- - Assault
gards to an Intentional Tort (wrongdo- - Battery
ing) and permits the government be - False Imprisonment
sued in respect to what type of acts? - False Arrest
- Malicious prosecution
- Abuse of process
10. What are some defenses against Neg- - Assumption of risk (Suspect should have been
ligent Torts (wrongdoings)? reasonably aware their actions would lead to injury
or danger)
- Contributory/Comparative Negligence (If sus-
pects negligence was the cause of their damage)
11. What are some defenses to Intention- - Consent (Suspect provided consent)
al Torts (wrongdoings)? - Self-Defense (Reasonable force used to protect
Officer's self from harmful or offensive bodily con-
, LMPT 2409 Exam 1
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tact)
- Necessity (Acts to prevent threatened injury)
12. -Arrests and Searches without Proba- Most common incidents alleged against Federal
ble Cause Law Enforcement Officers
- Knowingly submitting false or mis-
leading affidavits for Search or Arrest
Warrants
- 4th Amendment excessive force
claims
- Failure to intervene when excessive
force is used
- Negligence on duty (ex. Arresting
somebody and while in custody, they
trip while walking and hit their head)
- Intentional Torts to people(ex. As-
sault, False imprisonment, False ar-
rest, infliction of emotional distress)
- Intentional Torts to property ( ex.
Trespass land, trespass home, theft)
In regards to civil liability for Federal
Law Enforcement Officers, the above
listed examples refer to what?
13. What 2 questions are asked in relation 1. Did the Officer act reasonably?
to the Defense of an Officer's ability to 2. Was there a violation of a clearly established law
retain Qualified Immunity? or right which a reasonable officer would be aware
of?
14. On Martin Luther King Jr. Day, a group No, this is not protected speech. The unruly male
of citizens celebrating the holiday are is making rude, absurd and shocking statements
seen walking on a public sidewalk in a continuous manner which provoked a like-
Study online at https://quizlet.com/_fpvpss
1. What are the Elements to 42 U.S.C.? -Commit an act
-Under color of law of a state, territory, or the Dis-
trict of Columbia
-Depriving any person (within U.S. jurisdiction)
-Of rights, privileges, or immunities secured by the
constitution or federal laws
2. What is the applicability and Scope of - Must be acting under color of law
42 U.S.C. and Bivens Analogy? - No specific intent to violate constitutional or fed-
eral civil right needed.
3. What is the Bivens Analogy? Bivens V. Six ( Unknown named agents of Federal
Bureau of Narcotics) is a case stemming from the
loophole regarding the State and local law enforce-
ment being affected by 42 U.S.C., but not Feder-
al Law Enforcement. Webster Bivens alleged that
the agents searched his apartment and arrested
him without a search warrant and filed a civil suit
arguing that his 4th amendment rights had been
violated. Bivens eventually reached the Supreme
Court. Due to the complaint being of a federal lev-
el, the Supreme court referred the judgment take
place in federal court, rather than at state level
since there were no laws at state level prohibiting
federal agents from the alleged act. The decision
was ultimately ruled that federal agents are now
subject to civil suits in federal court regarding civil
rights violations.
4. What did Bivens V. Six establish in re- It established Federal Officers and Agents may be
gards to the Federal Law Enforcement sued in civil court for violating a person's constitu-
Officer Profession? tional rights.
, LMPT 2409 Exam 1
Study online at https://quizlet.com/_fpvpss
5. What is the FTCA? The Federal Tort Claims Act
6. What is the purpose of the FTCA? - Provide people injured by wrongdoing of Federal
employees with an appropriate remedy against the
U.S.
- Protect Federal Employees from personal liabili-
ty for wrongdoing committed within the scope of
their employment
7. What torts (wrongdoings) does the - Negligent Torts
FTCA cover (protect) in regards to law- - Intentional Torts
suits?
8. What is an example of a Negligent Tort Anything that Bivens V. Six established for Negli-
which would not be protected under gent Torts
the FTCA?
9. The FTCA provides protection in re- - Assault
gards to an Intentional Tort (wrongdo- - Battery
ing) and permits the government be - False Imprisonment
sued in respect to what type of acts? - False Arrest
- Malicious prosecution
- Abuse of process
10. What are some defenses against Neg- - Assumption of risk (Suspect should have been
ligent Torts (wrongdoings)? reasonably aware their actions would lead to injury
or danger)
- Contributory/Comparative Negligence (If sus-
pects negligence was the cause of their damage)
11. What are some defenses to Intention- - Consent (Suspect provided consent)
al Torts (wrongdoings)? - Self-Defense (Reasonable force used to protect
Officer's self from harmful or offensive bodily con-
, LMPT 2409 Exam 1
Study online at https://quizlet.com/_fpvpss
tact)
- Necessity (Acts to prevent threatened injury)
12. -Arrests and Searches without Proba- Most common incidents alleged against Federal
ble Cause Law Enforcement Officers
- Knowingly submitting false or mis-
leading affidavits for Search or Arrest
Warrants
- 4th Amendment excessive force
claims
- Failure to intervene when excessive
force is used
- Negligence on duty (ex. Arresting
somebody and while in custody, they
trip while walking and hit their head)
- Intentional Torts to people(ex. As-
sault, False imprisonment, False ar-
rest, infliction of emotional distress)
- Intentional Torts to property ( ex.
Trespass land, trespass home, theft)
In regards to civil liability for Federal
Law Enforcement Officers, the above
listed examples refer to what?
13. What 2 questions are asked in relation 1. Did the Officer act reasonably?
to the Defense of an Officer's ability to 2. Was there a violation of a clearly established law
retain Qualified Immunity? or right which a reasonable officer would be aware
of?
14. On Martin Luther King Jr. Day, a group No, this is not protected speech. The unruly male
of citizens celebrating the holiday are is making rude, absurd and shocking statements
seen walking on a public sidewalk in a continuous manner which provoked a like-
