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Officer Liability

J. Solari

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

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