Deck 13: Liability and Arrest-Related Deaths

Question 1

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

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

Answer 1

D

Question 2

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

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.

Answer 2

D

Question 3

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

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

Answer 3

A

Question 4

Claims for negligent wrongful death during arrest are based upon:

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

Question 5

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

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

Question 6

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

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

Question 7

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

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

Question 8

What have the courts decided about the hogtie position?

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 9

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

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

Question 10

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

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

Question 11

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.

Question 12

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.

Question 13

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.

Question 14

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