Question 1

The Graham objective reasonableness standard has been extended to cover TASER use by law enforcement officials.

Accepted Answer

A) True 
 B)False  True

Question 2

Studies suggest that control measures and less-lethal equipment used by police and detention officers are more likely to contribute to sudden death in custody than physiological and psychological factors of the person.

Accepted Answer

A) True 
 B)False  False

Question 3

Police have so few encounters with "special needs" persons that it is not necessary for all officers to be provided training on how to deal with such persons.

Accepted Answer

A) True 
 B)False  False

Question 4

What have the courts decided about the hogtie position?

Accepted Answer

A)  Police can use the hogtie position on anyone at their discretion. 
B)  Police can use the hogtie to a person who is violently resisting. 
C)  Police cannot use the hogtie position on a person has a diminished capacity that is apparent to officers. 
D)  Police can use the hogtie position to a person who is armed with a deadly weapon. 
A)  Police can use the hogtie position on anyone at their discretion. 
B)  Police can use the hogtie to a person who is violently resisting. 
C)  Police cannot use the hogtie position on a person has a diminished capacity that is apparent to officers. 
D)  Police can use the hogtie position to a person who is armed with a deadly weapon.

Question 5

An excessive force claim will frequently arise from conduct in which of the following situations?

Accepted Answer

A)  During arrest. 
B)  At the police station. 
C)  In a detention cell. 
D)  All of the above. 
A)  During arrest. 
B)  At the police station. 
C)  In a detention cell. 
D)  All of the above.

Question 6

Post-arrest custodial deaths are examined under which constitutional protection?

Accepted Answer

A)  Fourth Amendment objective reasonableness. 
B)  Eighth Amendment cruel and unusual punishment. 
C)  Fourteenth Amendment shocks the conscience. 
D)  All of the above. 
A)  Fourth Amendment objective reasonableness. 
B)  Eighth Amendment cruel and unusual punishment. 
C)  Fourteenth Amendment shocks the conscience. 
D)  All of the above.

Question 7

Trends in recently published § 1983 cases indicate that police prevail most often in what type of claims?

Accepted Answer

A)  Pepper spray. 
B)  Positional asphyxiation/restraints. 
C)  Physical control. 
D)  Failure to train. 
A)  Pepper spray. 
B)  Positional asphyxiation/restraints. 
C)  Physical control. 
D)  Failure to train.

Question 8

Claims for negligent wrongful death during arrest are based upon:

Accepted Answer

A)  Constitutional law. 
B)  Federal law. 
C)  State tort law. 
D)  None of the above. 
A)  Constitutional law. 
B)  Federal law. 
C)  State tort law. 
D)  None of the above.

Question 9

So-called "special needs" arrestees include which of the following?

Accepted Answer

A)  Intoxicated or mentally impaired persons. 
B)  Elderly persons. 
C)  Children. 
D)  None of the above. 
A)  Intoxicated or mentally impaired persons. 
B)  Elderly persons. 
C)  Children. 
D)  None of the above.

Question 10

A significant number of persons who experience an arrest-related death may have suffered from which of the following?

Accepted Answer

A)  Been under the influence of drugs or alcohol. 
B)  Had a history of mental illness. 
C)  Had a history of substance abuse. 
D)  All of the above. 
A)  Been under the influence of drugs or alcohol. 
B)  Had a history of mental illness. 
C)  Had a history of substance abuse. 
D)  All of the above.

Question 11

To prove a negligence claim, a plaintiff must establish which of the following?

Accepted Answer

A)  A breach of a legal duty. 
B)  Proximate causation. 
C)  Actual injury. 
D)  All of the above. 
A)  A breach of a legal duty. 
B)  Proximate causation. 
C)  Actual injury. 
D)  All of the above.

Question 12

Claims arising from medical and psychological care and failure to protect are usually viewed under protections from which constitutional amendment?

Accepted Answer

A)  Fifth Amendment 
B)  Eighth Amendment 
C)  Fourteenth Amendment 
D)  None of the above. 
A)  Fifth Amendment 
B)  Eighth Amendment 
C)  Fourteenth Amendment 
D)  None of the above.

Question 13

Inasmuch as wrongful custodial deaths may be brought under state tort law, § 1983 is not an appropriate jurisdictional basis for filing in the federal courts.

Accepted Answer

A) True 
 B)False

Question 14

The likelihood of occurrence of an arrest-related death has been estimated to be which of the following?

Accepted Answer

A)  25% 
B)  10% 
C)  5% 
D)  less than 1% 
A)  25% 
B)  10% 
C)  5% 
D)  less than 1%

The Graham objective reasonableness standard has been extended to cover TASER use by law enforcement officials.

Studies suggest that control measures and less-lethal equipment used by police and detention officers are more likely to contribute to sudden death in custody than physiological and psychological factors of the person.

Police have so few encounters with "special needs" persons that it is not necessary for all officers to be provided training on how to deal with such persons.

What have the courts decided about the hogtie position?

An excessive force claim will frequently arise from conduct in which of the following situations?

Post-arrest custodial deaths are examined under which constitutional protection?

Trends in recently published § 1983 cases indicate that police prevail most often in what type of claims?

Claims for negligent wrongful death during arrest are based upon:

So-called "special needs" arrestees include which of the following?

A significant number of persons who experience an arrest-related death may have suffered from which of the following?

To prove a negligence claim, a plaintiff must establish which of the following?

Claims arising from medical and psychological care and failure to protect are usually viewed under protections from which constitutional amendment?

Inasmuch as wrongful custodial deaths may be brought under state tort law, § 1983 is not an appropriate jurisdictional basis for filing in the federal courts.

The likelihood of occurrence of an arrest-related death has been estimated to be which of the following?

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 and Correctional Liability Issues

Section 1983 Actions in Law Enforcement

Liability and Suicides in Detention

Conclusions: Shifting Directions in Civil Litigation

Filters

Exam 13: Liability and Arrest-Related Deaths

The Graham objective reasonableness standard has been extended to cover TASER use by law enforcement officials.

Studies suggest that control measures and less-lethal equipment used by police and detention officers are more likely to contribute to sudden death in custody than physiological and psychological factors of the person.

Police have so few encounters with "special needs" persons that it is not necessary for all officers to be provided training on how to deal with such persons.

What have the courts decided about the hogtie position?

An excessive force claim will frequently arise from conduct in which of the following situations?

Post-arrest custodial deaths are examined under which constitutional protection?

Trends in recently published § 1983 cases indicate that police prevail most often in what type of claims?

Claims for negligent wrongful death during arrest are based upon:

So-called "special needs" arrestees include which of the following?

A significant number of persons who experience an arrest-related death may have suffered from which of the following?

To prove a negligence claim, a plaintiff must establish which of the following?

Claims arising from medical and psychological care and failure to protect are usually viewed under protections from which constitutional amendment?

Inasmuch as wrongful custodial deaths may be brought under state tort law, § 1983 is not an appropriate jurisdictional basis for filing in the federal courts.

The likelihood of occurrence of an arrest-related death has been estimated to be which of the following?

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 and Correctional Liability Issues

Section 1983 Actions in Law Enforcement

Liability and Suicides in Detention

Conclusions: Shifting Directions in Civil Litigation

Filters