MN Bar Practice Questions - Minnesota Bar Examination Exam

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A police officer, acting under a state statute, conducts a search later found to violate the Fourth Amendment. The plaintiff sues the officer for damages. Which federal statute provides the cause of action against the state official?

42 U.S.C. § 1983 The Federal Tort Claims Act The Administrative Procedure Act Bivens, which applies to state officials

Correct Answer:

42 U.S.C. § 1983

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