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Civil Liability 4otK
Term | Definition |
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Which of the following is the most commonly filed type of §1983 prisoner case | medical care |
What does Prison Litigation Reform Act (PLRA) do in practice | requires exhaustion of any administrative remedies before filing a §1983 lawsuit |
Which of the following describes a potential environmental hazard | secondhand smoke |
T or F: joint locks are one of the most controversial empty-hand control techniques used by police officers | false |
The Americans with Disabilities Act applies to which of the following agencies | agencies with 15 or more employees |
What is a tort | is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act |
What is Title 42, U.S. Code §14141 | passed by U.S. Congress in 1996, allows the Department of Justice (DOJ) to monitor state and local criminal justice agencies |
What is section 1983 | provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. It does not provide civil rights; it is a means to enforce civil rights that already exist |
What is Deliberate indifference | the conscious or reckless disregard of the consequences of one's acts or omissions |
What is Civil Rights of Institutionalized Persons Act (CRIPA) | federal law intended to protect the rights of people in state or local correctional facilities, nursing homes, mental health facilities, group homes and institutions for people with intellectual and developmental disabilities |
What is Equal Employment Opportunity Commission (EEOC) | federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination |
What is a consent decree | an agreement between involved parties submitted in writing to a court. Once approved by the judge, it becomes legally binding |
Terry v Ohio (1968) | stop and frisk. Was going to rob a jewelry store and didn't have a warrant and searched them. Fourth Amendment violated for search and seizure |
Tennessee v Garner (1985) | it was a seizure for killing a feeling man under Fourth Amendment |
Graham v Connor (1989) | had orange juice, was having a diabetic seizure, cops stop him and the cop doesn't wanna see it |