Deck 15: Conclusions: Shifting Directions in Civil Litigation

Question 1

What impact did Estelle v. Gamble (1976) have on §1983 litigation?

A) Established the standard of deliberate indifference in claims against correctional and law enforcement officials.
B) Established the standard of objective reasonableness in claims against correctional and law enforcement officials.
C) Established the availability of affirmative defenses in claims against correctional and law enforcement officials.
D) All of the above.

Answer 1

A

Question 2

Studies of trends in civil litigation against criminal justice officials suggest which of the following?

A) The number of lawsuits against police and corrections officers is expected to decline sharply.
B) Defendants are successful in most cases, and the trend is for even greater success rates for defendants.
C) Defendants are successful in most cases, but the trend is for much lower success rates for defendants.
D) Plaintiffs are successful in most cases.

Answer 2

B

Question 3

The CRIPA applies to what type of situation?

A) Allegations of patterns and practices of law enforcement agencies.
B) Constitutional deprivations of persons confined in different types of institutions.
C) Use of lethal force by law enforcement agencies.
D) None of the above.

Answer 3

B

Question 4

Who is most vulnerable to allegations of sexual harassment?

A) Male correctional officers.
B) Male correctional supervisors.
C) All of the above.
D) None of the above.

Question 5

The primary area in which an officer is the plaintiff against a criminal justice agency is what type of case?

A) Equal gender opportunities in hiring.
B) Gender equality in pay for equal jobs.
C) Sexual harassment.
D) OSHA safety violations.

Question 6

Which of the following is an area of emerging civil litigation in criminal justice?

A) Officer as plaintiff.
B) Conditions of confinement.
C) Environmental hazards.
D) All of the above.

Question 7

The analysis for determining liability in lethal force cases is the same for law enforcement officials and corrections officials.

Question 8

The Eighth Amendment cruel and unusual punishment applies only to convicted prisoners.

Question 9

Title 42, U.S. Code §14141 has proven to be an unqualified success in its goal of bringing reform to police and law enforcement agencies.

Question 10

Litigation over the use of the TASER by law enforcement and correctional officials has proven to be very successful for plaintiffs.

Question 11

The PLRA has significantly reduced the number of § 1983 cases filed against criminal justice officials and agencies.