Deck 1: Overview of Civil Liability

Question 1

Which of the following contributed to an increase in correctional institution consent decrees?

A) An increase in Department of Justice investigations
B) Prisoner litigation
C) A series of high-profile cases in the 1980s and 1990s
D) All of the above

Answer 1

B

Question 2

There is no systemic method for collecting information relating to police civil litigation.

Answer 2

True

Question 3

Researchers speculate which of the following?

A) Police civil litigation is on the decline.
B) Police civil litigation is on the rise.
C) Police civil litigation is stagnant.
D) Police civil litigation rarely occurs.

Answer 3

B

Question 4

Which of the following are some of the more commonly litigated correctional topics over the last 10 years?

A) Medical care, administrative liability, and wrongful death
B) Medical care, administrative segregation, and overcrowding
C) Medical care, administrative liability, and administrative segregation
D) Medical care, administrative segregation, and wrongful death

Question 5

Which of the following are the three most common civil lawsuit categories filed in the U.S. since the 1970s?

A) Slander, intentional tort, and illegal strip search
B) Slander, intentional tort, and false arrest/imprisonment
C) Intentional tort, illegal strip search, wrongful death in custody
D) None of the above

Question 6

Until 1995 §1983 lawsuits have increased by 100%

Question 7

Which of the following have contributed to an increase in settlement payouts?

A) Large payouts for single incidents, and patterns of settling cases out of court
B) Large payouts for single incidents and inflation
C) Patterns of settling cases out of court and inflation
D) Inflation and lack of officer training

Question 8

Between 1985 and 1999, the time it takes to close a case from the date of filing has increased.

Question 9

Which of the following gave prisoners access to the courts?

A) Title 42 of U.S. Code §1983
B) Civil Rights Act of 1991
C) §210401 of the Violent Crime Control and Law Enforcement Act of 1994
D) The Patriot Act, 2001

Question 10

Plaintiffs in police officer lawsuits are more likely to prevail in which of the following claims?

A) Illegal strip search, inadequate policies, and slander
B) Illegal strip search, inadequate policies, and coercion
C) Inadequate policies, coercion, and slander
D) Illegal strip search, coercion, and intentional tort

Question 11

Which of the following statements best captures police officer attitudes toward civil liability?

A) Most police officers have been sued and have negative attitudes toward civil sanctions against police.
B) Most police officers have NOT been sued and have negative attitudes toward civil sanctions against police.
C) Most police officers have been sued and have positive attitudes toward civil sanctions against police.
D) Most police officers have NOT been sued and have positive attitudes toward civil sanctions against police.

Question 12

Prisoners file more lawsuits than the general public.

Question 13

The 1997 Ross study found that detainees in jail/detention were more likely to prevail in which of the following case categories?

A) Administrative liability, conditions of confinement, and deficient facility
B) Administrative liability, conditions of confinement, and attempted suicide
C) Administrative liability, deficient facility, and suicide
D) Attempted suicide, suicide, and wrongful death

Question 14

In a review of major newspapers in New York, Los Angeles, and Chicago, which of the following categories was identified as making up 30% of all lawsuits?

A) Racial and gender discrimination
B) Death in custody
C) Suicide in custody
D) Illegal strip search

Question 15

Juries are more likely to award punitive damages than judges.

Question 16

Which of the following statements are true?

A) In 1995, the number of §1983 lawsuits and the number of habeas corpus petitions were close to the same.
B) In 2000, the number of §1983 lawsuits and the number of habeas corpus petitions were close to the same.
C) The number §1983 lawsuits and the number of habeas corpus petitions have always been close to the same.
D) The number §1983 lawsuits and the number of habeas corpus petitions have never been close to the same.

Question 17

Which of the following statements is true?

A) In 1995, there were three times as many §1983 lawsuits than habeas corpus petitions filed by prisoner plaintiffs.
B) In 1995, there were three times as many habeas corpus petitions than §1983 lawsuits filed by prisoner plaintiffs.
C) In 2000, there were three times as many §1983 lawsuits than habeas corpus petitions filed by prisoner plaintiffs.
D) In 2000, there were three times as many habeas corpus petitions than §1983 lawsuits filed by prisoner plaintiffs.

Question 18

The 1997 Ross study revealed that what percentage of prisoners filed in forma pauperis?

A) 5%
B) 50%
C) 75%
D) 95%

Question 19

Which of the following groups is LESS LIKELY to see civil lawsuits as a barrier to effective law enforcement?

A) Female officers
B) African American officers
C) Officers with higher seniority
D) All of the above

Question 20

Which of the following contributed to an increase in civil rights lawsuits since the 1980s?

A) The passage of the Americans with Disabilities Act of 1990
B) The passage of the Civil Rights Act of 1991
C) The passage of § 210401 of the Violent Crime Control and Law Enforcement Act of 1994
D) All of the above