Deck 6: Administrative and Supervisory Liability

Question 1

A supervisor may be found to be a "policymaker" for § 1983 liability under which of the following situations?

A) The person is an elected official.
B) The person was at the scene when the alleged harm occurred.
C) The person has final policymaking authority.
D) All of the above.

Answer 1

C

Question 2

Which of the following U. S. Supreme Court decisions established the legal standard of deliberate indifference?

A) Stokes v. Delcambre.
B) City of Canton v. Harris.
C) Estelle v. Gamble.
D) Wilson v. Seiter.

Answer 2

C

Question 3

Which of the following are administrative actions that can result in exposure to administrative liability?

A) Negligent hiring, failure to terminate, negligent assignment, failure to train, failure to direct, negligent entrustment, and failure to supervise.
B) Negligent hiring, negligent assignment, negligent performance, and negligent entrustment.
C) Negligent hiring, failure to terminate, negligent assignment, failure to train, and negligent performance.
D) None of the above.

Answer 3

A

Question 4

Which of the following is not a basic element of an agency risk reduction program?

A) Analyze agency incidents, complaints, audits, and lawsuits.
B) Ensure that policies and procedure manuals are current and comply with current court rulings.
C) Procure and maintain adequate levels of general liability insurance.
D) Maintain written documentation of training, complaints, and disciplinary actions.

Question 5

The standard for determining liability under § 1983 on the part of supervisors is which of the following:

A) Negligent conduct.
B) Strict liability.
C) Res ipsa loquiter.
D) Deliberate indifference.

Question 6

The scope of § 1983 liability of "persons" was expanded to include local governments or agencies if the alleged harm was the result of a local policy or custom by the case of Monell v. Department of Social Services of the City of New York (1978).

Question 7

Supervisors will not face liability for a failure to obtain a psychological evaluation of an officer candidate who does not exhibit any troubling behavior during a thorough interview.

Question 8

The U. S. Supreme Court has not expanded the standard of deliberate indifference to hiring actions.

Question 9

The U. S. Supreme Court has held that in the context of government officials, liability of a supervisor must turn on the actions of the supervisor in order to overcome qualified immunity.