Can anyone help with this questions?
A. What is the significance and the effect of Bivens v. Six Unnamed FBI Agents on pages 439-440 (you may want to read the entire case at 403 U.S. 388) ? What elements does a plaintiff have to prove as a result of this case? Why was it necessary to come up with the result the Court did?
B. What elements are necessary to successfully claim a qualified immunity defense? Do you think officers can pass this test easily? Why or why not? Do you agree that officers should have any type of immunity? Do you think Officer Brosseau should have had qualified immunity in Brosseau v. Haugen? Why or why not?
C. What elements must plaintiffs prove to prevail in a section 1983 action? Do you think this is the proper burden to place on them? What limits, if any, has the U.S.Supreme Court placed on 1983 actions? Do you view them as fair limits?
D. Can you sue a judge for damages? Why or why not? If you could, under what circumstances do you think it would be appropriate? What about prosecutors, are they treated the same? Are there any circumstances when they can be sued?
E. What is your reaction to the Pinder v. Johnson case, excerpted on p. 432? (Read the case at 54 F.3d 1169) Do you think it was fairly decided? Do you think the government owes a duty to its citizens to protect them from attacks of third parties? Why or why not?
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