CITP Exam 1 Questions & Answers, Well
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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
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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.
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