Deck 6: Administrative and Supervisory Liability

Question 1

Which of the following lists three of the five recommendations to ensure background investigations of employees are performed properly?

A) provide applicants with a personal history packet, obtain a notarized waiver, and learn from other departments' mistakes
B) provide applicants with a personal history packet, conduct an "initial interview" to go through personal history, and follow up with all details of the personal history interview
C) obtain a notarized waiver, conduct an "initial interview" to go through personal history, and distribute the notarized waiver to all individuals mentioned in personal history interview
D) conduct an "initial interview" to go through personal history, follow up on reference information, and follow up with all details of the personal interview

Answer 1

A

Question 2

Which of the following may be an example of negligent hiring?

A) failure to administer a criminal background check on employees
B) failure to screen employees for psychological deficiencies
C) failure to conduct a thorough and complete investigation
D) all of the above

Answer 2

D

Question 3

Which of the following is the best definition for failure to direct?

A) Failure to inform employees of the special requirements involved in the job to be performed.
B) Failure to properly control an employee's custody of facilities.
C) Failure to adequately scrutinize an applicant's background.
D) Retaining an employee on a job who is incapable of performing the job.

Answer 3

A

Question 4

In finding liability for supervisors under §1983, the courts commonly use the standard of deliberate indifference.

Question 5

Which of the following best describes negligent failure to discipline?

A) Failure to identify staff abuse
B) Failure to properly control an employee's custody of facilities.
C) Failure to investigate complaints about employees and take appropriate action as warranted.
D) Retaining an employee on a job who is incapable of performing the job.

Question 6

The general theories from which potential administrative liability emerges are mutually exclusive.

Question 7

Which of the following is NOT an act that creates supervisory liability?

A) directly participating in the action
B) being on duty during the action
C) failing to remedy the wrong if filed in a remedy or complaint
D) creating a policy or custom that encouraged civil rights violations

Question 8

Which of the following is a true statement about deliberate indifference?

A) Deliberate indifference has not been specifically defined, but applied on a case-by-case basis.
B) Deliberate indifference may be demonstrated by actual intent.
C) Deliberate indifference may be demonstrated by reckless disregard.
D) All of the above are true.

Question 9

Which of the following is the best definition for negligent assignment?

A) Hiring employees with a criminal history, violent history, and/or mental instability.
B) Retaining an employee incapable of performing the job.
C) Failure to assess the backgrounds of your employees.
D) Failure to properly supervise or control an employee's custody of equipment or facilities entrusted to him or her.

Question 10

What is the first line of defense against administrative and supervisory liability?

A) studying best practices
B) obtaining legal advice
C) properly training employees
D) transforming administrative functions into a proactive risk management program

Question 11

Which of the following includes four of the seven general theories from which potential administrative liability emerges?

A) negligent hiring, negligent assignment, failure to terminate, and failure to train
B) negligent hiring, negligent assignment, failure to train, and failure to direct
C) failure to terminate, failure to train, failure to direct, and failure to supervise
D) negligent hiring, negligent assignment, negligent performance, and negligent entrustment

Question 12

Administrative liability emerges from five general theories.

Question 13

An employee action that allegedly deprives an individual of a protected right will not expose the administrator to liability.

Question 14

When the doctrine of respondeat superior apply to public officials?

A) always
B) in rare circumstances
C) frequently
D) never

Question 15

What is the primary vehicle by which administrators have been sued for violations of constitutional rights resulting from their management responsibilities?

A) The Civil Rights Act
B) Title 42, U.S. Code §1983
C) The Patriot Act
D) The Americans with Disabilities Act

Question 16

When can a supervisor be liable for an employee's actions?

A) A supervisor is always liable for an employee's actions.
B) A supervisor can only be held liable if the employee commits a civil rights violation.
C) A supervisor can only be held liable if he or she failed in his or her supervisory responsibilities and the failure results in a civil rights violation.
D) A supervisor is never liable for an employee's actions.

Question 17

Which of the following is the best definition for negligent entrustment?

A) Hiring employees with a criminal history, violent history, and/or mental instability.
B) Retaining an employee incapable of performing the job.
C) Failure to assess the backgrounds of your employees.
D) Failure to properly supervise or control an employee's custody of equipment or facilities entrusted to him or her.

Question 18

Which of the following describes three of the five basic elements of a risk reduction program for administrators and supervisors?

A) perform an analysis of incidents, revise policies, and strictly enforce all policies
B) perform an analysis of incidents, provide adequate training to employees, and provide written documentation
C) provide proper direction, strictly enforce all policies, and provide written documentation
D) provide proper direction, hire only competent employees, and seek legal advice regularly

Question 19

Claims citing negligent hiring generally assert that the constitutional violation would not have occurred had the administrator properly performed a thorough screening of the errant officer prior to hiring him or her.

Question 20

Which of the following best describes failure to supervise subordinates?

A) A Deputy Warden who fails to inform an employee of the risks involved in working on the administrative segregation unit.
B) A Deputy Warden who fails to identify correctional staff abusing prisoners in his or her facility.
C) A Deputy Warden who assigns a blind correctional officer to the look out tower.
D) A group of correctional officers who beat a prisoner with a billy club.