Question 1

What have the courts decided about the hogtie position?

Accepted Answer

A)  Police can use the hogtie position on anyone. 
B)  Police can use the hogtie only on individuals who require a special duty. 
C)  Police can use the hogtie position on anyone who does not require a special duty. 
D)  Police cannot use the hogtie position on anyone. C

Question 2

Sudden death in custody after a period of restraint is a rare occurrence.

Accepted Answer

A) True 
 B)False  True

Question 3

Who requires a special duty of care?

Accepted Answer

A)  an intoxicated arrestee 
B)  an individual in a nursing home 
C)  a child 
D)  all of the above A

Question 4

The standard in wrongful death torts is gross negligence.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following has been proven to cause sudden in custody death after a period of restraint?

Accepted Answer

A)  positional asphyxia 
B)  excited delirium 
C)  Taser use 
D)  none of the above

Question 6

The Court has never specified a prisoner's right to protection from self-harm; however, the deliberate indifference standard is used in suicide cases.

Accepted Answer

A) True 
 B)False

Question 7

Which U.S. Supreme Court case decided the standard for §1983 wrongful death failure to train cases?

Accepted Answer

A)  Whitley v. Albers (1986) 
B)  City of Canton v. Harris (1989) 
C)  Graham v. Connor (1989) 
D)  Hudson v. McMillian (1992)

Question 8

Which of the following elements alone may cause asphyxia?

Accepted Answer

A)  the weight of an officer's body 
B)  a Taser 
C)  emotional shock 
D)  all of the above

Question 9

Research estimates that prisoner suicide is about _____ times more likely than the free society population

Accepted Answer

A)  2-5 
B)  2-10 
C)  5-10 
D)  5-15

Question 10

How have the courts interpreted the deliberate indifference standard in suicide wrongful death in custody cases?

Accepted Answer

A)  The deliberate indifference standard does not apply. 
B)  The plaintiff must have shown deliberate indifference to the possibility of suicide. 
C)  The plaintiff must have shown deliberate indifference to a strong likelihood of suicide. 
D)  The plaintiff must have shown deliberate indifference once the suicide took place.

Question 11

According to Noonan and Carson (2011), about _____ percent of jail custodial deaths are suicides?

Accepted Answer

A)  5 
B)  10 
C)  15 
D)  20

Question 12

Which of the following is a prisoner suicide awareness factor?

Accepted Answer

A)  prior arrest conviction 
B)  nature of arrest 
C)  prisoner shows signs of depression 
D)  all of the above

Question 13

Which of the following is the most common type of wrongful death claim filed against detention personnel?

Accepted Answer

A)  excessive force 
B)  positional asphyxia 
C)  failure to provide medical care 
D)  all of the above

Question 14

Where does a majority of excessive force claims occur?

Accepted Answer

A)  during arrest 
B)  at the police station 
C)  in a detention cell 
D)  all of the above

Question 15

In order to argue for wrongful death in a negligence claim, a plaintiff must prove that the police officer disregarded department policies regarding force measures, use of restraints, medical concerns, and/or transporting procedures.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following incidents normally results in a civil lawsuit?

Accepted Answer

A)  attempted suicide 
B)  custodial death 
C)  use of force 
D)  all of the above

Question 17

Unexpected custodial death cases filed under §1983 are evaluated under the purview of which Amendments?

Accepted Answer

A)  1st and 8th 
B)  1st and 4th 
C)  8th and 14th 
D)  4th and 14th

Question 18

What is the standard of medical knowledge for police officers?

Accepted Answer

A)  Police officers are held to the same standard as a physician. 
B)  Police officers are held to the same standard as a registered nurse. 
C)  Police officers are expected to determine the medical wellbeing of the individual in their custody. 
D)  Police officers are not required to have any medical knowledge.

Question 19

The common law and statutes general provide that police officers may take custody of the apparently mentally ill or those who appear to be dangerous.

Accepted Answer

A) True 
 B)False

Question 20

According to Noonan and Carson (2011), about _____ percent of jail custodial deaths are suicides?

Accepted Answer

A)  10 
B)  20 
C)  30 
D)  40

Exam 13: Liability and Wrongful Custodial Death

What have the courts decided about the hogtie position?

Sudden death in custody after a period of restraint is a rare occurrence.

Who requires a special duty of care?

The standard in wrongful death torts is gross negligence.

Which of the following has been proven to cause sudden in custody death after a period of restraint?

The Court has never specified a prisoner's right to protection from self-harm; however, the deliberate indifference standard is used in suicide cases.

Which U.S. Supreme Court case decided the standard for §1983 wrongful death failure to train cases?

Which of the following elements alone may cause asphyxia?

Research estimates that prisoner suicide is about _____ times more likely than the free society population

How have the courts interpreted the deliberate indifference standard in suicide wrongful death in custody cases?

According to Noonan and Carson (2011) , about _____ percent of jail custodial deaths are suicides?

Which of the following is a prisoner suicide awareness factor?

Which of the following is the most common type of wrongful death claim filed against detention personnel?

Where does a majority of excessive force claims occur?

In order to argue for wrongful death in a negligence claim, a plaintiff must prove that the police officer disregarded department policies regarding force measures, use of restraints, medical concerns, and/or transporting procedures.

Which of the following incidents normally results in a civil lawsuit?

Unexpected custodial death cases filed under §1983 are evaluated under the purview of which Amendments?

What is the standard of medical knowledge for police officers?

The common law and statutes general provide that police officers may take custody of the apparently mentally ill or those who appear to be dangerous.

According to Noonan and Carson (2011) , about _____ percent of jail custodial deaths are suicides?