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LMPT 2409 Exam 1 – Questions With Solutions (100%)
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LMPT 2409 Exam 1 – Questions With Solutions (100%)
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LMPT 2409 Exam 1 – Questions With Solutions (100%)What are the Elements to 42 U.S.C.? Right Ans - -Commit an act
-Under color of law of a state, territory, or the District of Columbia
-Depriving any person (within U.S. jurisdiction)
-Of rights, privileges, or immunities secured by the constitution or federal
laws
What is the applicability and Scope of 42 U.S.C. and Bivens Analogy? Right
Ans - - Must be acting under color of law
- No specific intent to violate constitutional or federal civil right needed.
What is the Bivens Analogy? Right Ans - Bivens V. Six ( Unknown named
agents of Federal Bureau of Narcotics) is a case stemming from the loophole
regarding the State and local law enforcement being affected by 42 U.S.C., but
not Federal 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
level, 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.
What did Bivens V. Six establish in regards to the Federal Law Enforcement
Officer Profession? Right Ans - It established Federal Officers and Agents
may be sued in civil court for violating a person's constitutional rights.
What is the FTCA? Right Ans - The Federal Tort Claims Act
What is the purpose of the FTCA? Right Ans - - Provide people injured by
wrongdoing of Federal employees with an appropriate remedy against the
U.S.
- Protect Federal Employees from personal liability for wrongdoing
committed within the scope of their employment
What torts (wrongdoings) does the FTCA cover (protect) in regards to
lawsuits? Right Ans - - Negligent Torts
,- Intentional Torts
What is an example of a Negligent Tort which would not be protected under
the FTCA? Right Ans - Anything that Bivens V. Six established for Negligent
Torts
The FTCA provides protection in regards to an Intentional Tort (wrongdoing)
and permits the government be sued in respect to what type of acts? Right
Ans - - Assault
- Battery
- False Imprisonment
- False Arrest
- Malicious prosecution
- Abuse of process
What are some defenses against Negligent Torts (wrongdoings)? Right Ans
- - Assumption of risk (Suspect should have been reasonably aware their
actions would lead to injury or danger)
- Contributory/Comparative Negligence (If suspects negligence was the cause
of their damage)
What are some defenses to Intentional Torts (wrongdoings)? Right Ans - -
Consent (Suspect provided consent)
- Self-Defense (Reasonable force used to protect Officer's self from harmful or
offensive bodily contact)
- Necessity (Acts to prevent threatened injury)
-Arrests and Searches without Probable Cause
- Knowingly submitting false or misleading 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. Assault, False imprisonment, False arrest,
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? Right Ans - Most common incidents alleged
against Federal Law Enforcement Officers
What 2 questions are asked in relation to the Defense of an Officer's ability to
retain Qualified Immunity? Right Ans - 1. Did the Officer act reasonably?
2. Was there a violation of a clearly established law or right which a
reasonable officer would be aware of?
On Martin Luther King Jr. Day, a group of citizens celebrating the holiday are
seen walking on a public sidewalk minding their own business. An angry male
approaches the group and begins to yell offensive, racial slurs at the group
and causes the group to become reasonably angry at the slurs being shouted.
The unruly male continues to shout rude, absurd, and shocking phrases to the
group with the intent to provoke violence and it begins to form into a physical
altercation.
In respect to the 1st Amendment, was this unruly male using an example of
protected speech? if not, what makes it unprotected speech and what category
does it fall under? Right Ans - No, this is not protected speech. The unruly
male is making rude, absurd and shocking statements in a continuous manner
which provoked a likely immediate violent reaction. The category which this
scenario would fall under would be 'Fighting Words'.
In Seattle, WA, a group of protestors assemble outside of a local grocery store
which is owned by a Conservative male with a republican flag hanging above
his business door. As the protestors remain on the public side walk and
completely off protected private property, one of the protestors states the
following:
"Let's show this guy who's boss! Everyone pick up a rock from the nearby
gravel parking lot and break the windows!"
Upon the male stating this, multiple people begin to gather rocks from the
gravel parking lot and walk towards the business.
In respect to the 1st Amendment, are the protestors protected? If not, why?
Right Ans - No, they are not protected. Although protesting on a public side
walk is their right. Threatening property damage to the business owner is not
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