Questions and Verified Answers
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Estate of Ceballos v Bridgewater - 🧠ANSWER ✔✔An officer cannot use
deadly force without an immediate threat to himself or others
Milstead v Kibler - 🧠ANSWER ✔✔Police officers are shielded from civil
liability unless
(1) the officer's conduct violates a federal statutory or constitutional right
(2) the right was clearly established at the time of the conduct, such that
,(3) an Objectively reasonable officer would have understood that the
conduct violated that right
Okonkwo v Fernandez - 🧠ANSWER ✔✔"Government officials who perform
discretionary functions are entitled to the defense of qualified immunity,
which shields them from suit as well as liability for civil damages, if their
conduct does not violate clearly established statutory or constitutional rights
of which a reasonable officer would have known. A defendant official must
affirmatively plead the defense of qualified immunity."
Graham v. Connor - 🧠ANSWER ✔✔Using the officer's perception of FACTS
at the time limits second guessing and Officer's subjective state of mind is
not relevant but his perception of the objective facts are "objectively
reasonable"
Saucier v. Katz - 🧠ANSWER ✔✔Which of the following cases did the court
establish a two pronged test for assessing constitutional violations by
government agents
Osabutey v. Welch - 🧠ANSWER ✔✔No diversity jurisdiction exists unless
the parties are citizens of different states at the time the suit is filed. If the
, plaintiff moves to another state after filing the lawsuit, that doesn't fix the
problem. Jurisdiction depends on the situation when the case starts.
Anderson v. Creighton - 🧠ANSWER ✔✔Officers are not held liable for a
mistaken probable cause. Officers will in some cases reasonably but
mistakenly conclude that probable cause exists- they should not be held
liable
Harlow v. Fitzgerald - 🧠ANSWER ✔✔Qualified immunity protects
government officials from liability for civil damages insofar as their conduct
does not violate clearly established statutory or constitutional rights of
which a reasonable person would have known.
Tennessee v. Garner - 🧠ANSWER ✔✔Deadly force may not be used
against an unarmed and fleeing suspect unless necessary to prevent the
escape and unless the officer has probable cause to believe that the
suspect poses a significant threat of death or serious injury to the officers
or others.
Fraire v City of Arlington - 🧠ANSWER ✔✔An officer may use deadly force
when acting in self defense. Entitled to the defense for qualified immunity
for his actions in defending his life.
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