lawenforcementofficers | | To analyze a use of force incident, the court applies the __________ reasonableness standard. |
constitutional | | 42 U.S.C. 1983 provides a way to sue _______, local, and D.C. officers for deprivation of civil rights under color of law. |
state | | Federal officers may be sued for constitutional violations in a ______ action. |
lie | | Fourth Amendment: you don't have to be right, you just have to be ________. |
civil | | You may face a Bivens action if you do this in an affidavit. |
FTCA | | To stay within the scope of your employment, know your agency ______! |
constitutional | | Negligent and intentional tort lawsuits are based on ______ law. |
established | | Who decides an FTCA case? |
Bivens | | The FTCA is a partial waiver of the federal government's sovereign _______. |
state | | This is a personal/private wrong against a person or property. |
intervene | | All persons at all times have a duty to act this way. |
immunity | | To get out from under a constitutional tort suit, you'd ask for this. |
lawsuit | | The FTCA does not cover federal officers for ___________ torts. |
reasonable | | The FTCA only applies if the government employee was within the ____ of employment. |
tort | | This type of LEO cannot be sued under 42 U.S.C. 1983. |
clearly | | The duty of care for LEOs is that of a reasonable ______. |
officer | | The U.S. will only pay for the intentional torts of ____ ______ ______ who act within scope. |
federal | | This type of trial may result in jail time. |
fourth | | The burden of proof is _____ in civil cases than it is in criminal prosecutions. |
custody | | If you are witnessing an officer commit an ongoing violation of constitutional rights, you have a duty to do this |
judge | | FTCA lawsuits are heard in this federal court. |
Fourth | | A _______ tort is one in which the defendant's breach of duty causes damage to the plaintiff. |
Bivens | | The U.S. government may be sued for the _______ torts of all federal employees acting within the scope of employment. |
lower | | The first question in a qualified immunity analysis: was there a _________ violation? |
negligent | | This type of trial usually results in a damage award. |
district | | A Bivens action is a ______ remedy for constitutional violations. |
prosecution | | To get out from under a negligent or intentional tort suit, you'd assert this. |
arrest | | A "law enforcement officer" under the FTCA is one who can _______ for fed'l violations or search or seize evidence. |
two | | To sue a DEA Special Agent, a plaintiff would use ______. |
qualifiedimmunity | | FTCA claims must be presented within this many years of the date of injury/damage. |
scope | | You have a duty to care for subjects in ______. |
objective | | A Bivens action is only for willful violations of the ________, fifth, and eighth amendments. |
negligent | | You will lose qualified immunity if you violate a _________ established constitutional right. |
policies | | Second question in a qualified immunity analysis: was the constitutional right clearly _______? |
carefully | | An arrest without at least arguable PC violates the _____ Amendment. |