01:202:205 Study Guide - Police Misconduct, Exclusionary Rule, Nules
30 Oct 2014
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Document Summary
Chapter 11 - remedies for constitutional violations ii: the exclusionary rule and entrapment. 2 kinds of actions that hold officers and government accountable for misconduct: criminal actions, civil actions injunctions. Officers, departments, and governments are sued for damages and/or: remedies aren"t mutually exclusive; all can be pursued at the same time. Individual federal officers are liable for their acts that violates plaintiffs" constitutional rights if the plaintiff can prove the officer acted with apparent legal authority, or their actions deprived them of their constitutional rights o immunity. It is difficult to win bivens cases because of their defense of qualified. Reasonableness is measured by legal rules clearly established at the time the officers acted. Courts wants to preserve officers" discretion to do their job. Courts also want to prevent frivolous lawsuits: plaintiffs can pursue both state and us civil rights actions against state officers, state tort actions. Most illegal police acts are also state torts.
