Question 1

Prisoners have no reasonable expectation of privacy in prison cells.

Accepted Answer

A) True 
 B)False  True

Question 2

It is difficult for prisoners to prevail when complaining of conditions of confinement as a result of which of the following legal standard?

Accepted Answer

A)  Issuance of a protective order. 
B)  The use of the standard of deliberate indifference. 
C)  Sovereign immunity. 
D)  Enactment of the PLRA. 
A)  Issuance of a protective order. 
B)  The use of the standard of deliberate indifference. 
C)  Sovereign immunity. 
D)  Enactment of the PLRA. B

Question 3

The standard of determining liability for HIV/AIDS cases is which of the following?

Accepted Answer

A)  Deliberate indifference. 
B)  Negligence. 
C)  Gross negligence. 
D)  None of the above. 
A)  Deliberate indifference. 
B)  Negligence. 
C)  Gross negligence. 
D)  None of the above. A

Question 4

The courts have not yet applied the deliberate indifference standard used to medical care claims to those regarding psychological treatment.

Accepted Answer

A) True 
 B)False

Question 5

The Americans with Disabilities Act (ADA) applies to prisoners by what legal basis?

Accepted Answer

A)  Specific provisions of the Act. 
B)  Executive order of the President. 
C)  U.S. Supreme Court interpretation of the Act. 
D)  The ADA does not apply to persons who are incarcerated. 
A)  Specific provisions of the Act. 
B)  Executive order of the President. 
C)  U.S. Supreme Court interpretation of the Act. 
D)  The ADA does not apply to persons who are incarcerated.

Question 6

Prisoners are no more likely than those in the general population to be diagnosed with HIV/AIDS.

Accepted Answer

A) True 
 B)False

Question 7

Prisoners file lawsuits under § 1983 for which of the following reasons?

Accepted Answer

A)  To gain early release from their sentence. 
B)  To set aside a criminal conviction. 
C)  To obtain a money judgment or equitable relief. 
D)  None of the above. 
A)  To gain early release from their sentence. 
B)  To set aside a criminal conviction. 
C)  To obtain a money judgment or equitable relief. 
D)  None of the above.

Question 8

The "three strikes" provision of the PLRA means that prisoners who have three strikes must serve their full sentence.

Accepted Answer

A) True 
 B)False

Question 9

What case found conditions of confinement in an entire state prison system were in violation of the Eighth Amendment prohibition against cruel and unusual punishment?

Accepted Answer

A)  Rhodes v. Chapman (1981), over Ohio prisons. 
B)  Estelle v. Gamble (1976), over Texas prisons. 
C)  Geder v. Godinez (1995), over Illinois prisons. 
D)  Holt v. Sarver (1970), over Arkansas prisons. 
A)  Rhodes v. Chapman (1981), over Ohio prisons. 
B)  Estelle v. Gamble (1976), over Texas prisons. 
C)  Geder v. Godinez (1995), over Illinois prisons. 
D)  Holt v. Sarver (1970), over Arkansas prisons.

Question 10

What standard has the U.S. Supreme Court applied to claims of failure to protect prisoners from harm?

Accepted Answer

A)  Strict liability. 
B)  Negligence. 
C)  Deliberate indifference. 
D)  None of the above. 
A)  Strict liability. 
B)  Negligence. 
C)  Deliberate indifference. 
D)  None of the above.

Prisoners have no reasonable expectation of privacy in prison cells.

It is difficult for prisoners to prevail when complaining of conditions of confinement as a result of which of the following legal standard?

The standard of determining liability for HIV/AIDS cases is which of the following?

The courts have not yet applied the deliberate indifference standard used to medical care claims to those regarding psychological treatment.

The Americans with Disabilities Act (ADA) applies to prisoners by what legal basis?

Prisoners are no more likely than those in the general population to be diagnosed with HIV/AIDS.

Prisoners file lawsuits under § 1983 for which of the following reasons?

The "three strikes" provision of the PLRA means that prisoners who have three strikes must serve their full sentence.

What case found conditions of confinement in an entire state prison system were in violation of the Eighth Amendment prohibition against cruel and unusual punishment?

What standard has the U.S. Supreme Court applied to claims of failure to protect prisoners from harm?

Overview

Foundations for Liability

Civil Liability Under State and Federal Tort Law

Civil Liability and Federal Law: Section 1983 Litigation

Defenses to Civil Litigation and Risk Management

Administrative and Supervisory Liability

Liability for Failure to Train

Operating Criminal Justice Agencies Under a Consent Decree

Personnel Issues and Liability

Use of Force

Section 1983 Actions in Law Enforcement

Liability and Arrest-Related Deaths

Liability and Suicides in Detention

Conclusions: Shifting Directions in Civil Litigation

Filters

Exam 11: Section 1983 and Correctional Liability Issues

Prisoners have no reasonable expectation of privacy in prison cells.

It is difficult for prisoners to prevail when complaining of conditions of confinement as a result of which of the following legal standard?

The standard of determining liability for HIV/AIDS cases is which of the following?

The courts have not yet applied the deliberate indifference standard used to medical care claims to those regarding psychological treatment.

The Americans with Disabilities Act (ADA) applies to prisoners by what legal basis?

Prisoners are no more likely than those in the general population to be diagnosed with HIV/AIDS.

Prisoners file lawsuits under § 1983 for which of the following reasons?

The "three strikes" provision of the PLRA means that prisoners who have three strikes must serve their full sentence.

What case found conditions of confinement in an entire state prison system were in violation of the Eighth Amendment prohibition against cruel and unusual punishment?

What standard has the U.S. Supreme Court applied to claims of failure to protect prisoners from harm?

Overview

Foundations for Liability

Civil Liability Under State and Federal Tort Law

Civil Liability and Federal Law: Section 1983 Litigation

Defenses to Civil Litigation and Risk Management

Administrative and Supervisory Liability

Liability for Failure to Train

Operating Criminal Justice Agencies Under a Consent Decree

Personnel Issues and Liability

Use of Force

Section 1983 Actions in Law Enforcement

Liability and Arrest-Related Deaths

Liability and Suicides in Detention

Conclusions: Shifting Directions in Civil Litigation

Filters