What is the element of mistake or lack of knowledge in a civil action brought by a defendant against a federal agent?
MultiRegion, United States of America
The following excerpt is from U.S. v. Morton, 999 F.2d 435 (9th Cir. 1993):
1 The element of mistake or lack of knowledge is not concerned with whether the defendant recognized the alleged victim as a federal agent but with whether the defendant recognized that the agent was authorized to act in the manner which allegedly provoked the purported self-defense. See United States v. Young, 464 F.2d 160, 163 (5th Cir.1972) (referring to defendant's "ignorance of the victim's official privilege to interfere with the defendant's person or freedom of movement").
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
What is the test for a civil action brought by a federal civil servant who allegedly violated the civil rights of a plaintiff? (MultiRegion, United States of America)
Is a summons of a federal officer in a wage garnishment action a "civil action" that can be removed to federal court? (MultiRegion, United States of America)
Can a Bivens action be brought against private individuals who have acted in concert with federal agents so as to have been acting under color of federal law? (MultiRegion, United States of America)
Is there a qualified immunity in the context of a civil action brought by former Deputy First Minister of State John Rutherford, who was sued in his individual capacity for violating Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What are some cases where the federal government has been successful in defending itself in civil actions brought against it by members of the public against each other? (MultiRegion, United States of America)
What is the test for relief in a civil action brought by a defendant in a federal prisoner proceeding pro se and in forma pauperis? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
