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CITP Exam 1 Latest Update Correct 100%
Question: Federal Tort Claims Act (FTCA)
Correct answer: 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.
Question: Good Samaritan Act
Correct answer: 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
Question: Bivens
Correct answer: 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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Question: 42 USC 1983
Correct answer: This statute authorizes civil lawsuits
against state and local officials who violate federally protected rights.
Question: First Amendment
Correct answer: Free exercise of religion, speech, the
press; the right of peaceful assembly; and to petition the government for redress of grievances.
Question: Fourth Amendment
Correct answer: No unreasonable searches and seizures.
No warrants issued without probable cause.
Question: Fifth Amendment
Correct answer: Right to not self-incriminate, no double
jeopardy, not be forced to stand trial without an indictment from a Grand Jury. Ensures Due Process.
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Question: Sixth Amendment
Correct answer: 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.
Question: Eighth Amendment
Correct answer: No excessive bail, fines, or cruel and
unusual punishments.
Question: Qualified Immunity
Correct answer: 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.
Question: 18 USC 241
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Correct answer: This is the federal criminal conspiracy
against rights statute. When two or more agents conspire to deprive a citizen of constitutional rights, this is the appropriate statute to bring a criminal prosecution.
Question: 18 USC 242
Correct answer: This statute makes it a crime for any
person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
Question: Graham Factors
Correct answer: SIRF: Severity, Immediate Threat, Resisting Arrest, Attempting to Evade by Flight
Question: Transactional Immunity
Correct answer: Protects the witness from prosecution for
the offense or offenses involved.