Deck 11: Section 1983 and Correctional Liability Issues

Question 1

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

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.

Answer 1

C

Question 2

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

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.

Answer 2

C

Question 3

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

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

Answer 3

A

Question 4

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?

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 5

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

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

Question 6

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

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

Question 7

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

Question 8

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

Question 9

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

Question 10

Prisoners have no reasonable expectation of privacy in prison cells.