Deck 11: Section 1983 and Correctional Liability Issues

Question 1

Which of the following is a reason that a prisoner may file a §1983 lawsuit?

A) to receive a monetary award
B) to receive equitable relief
C) to break up the monotony of prison life
D) all of the above

Answer 1

D

Question 2

What kind of §1983 prisoner mental health case will the courts typically see?

A) inappropriate mental health care
B) misdiagnosis
C) suicide
D) all of the above

Answer 2

A

Question 3

Which of the following is the most commonly filed type of §1983 prisoner case?

A) medical
B) mental health
C) conditions of confinement
D) use of force

Answer 3

A

Question 4

Which of the following describes a potential environmental hazard?

A) dirty water
B) rat infested kitchens
C) undercooked food
D) secondhand smoke

Question 5

Under §1983, prisoners may file lawsuits in both federal and state courts.

Question 6

Which of the following is NOT true about strip searches?

A) The courts have applied the intrusiveness/balancing test to strip searches to decide if they are constitutional.
B) Strip searches cannot include touching.
C) Strip searches upon jail admittance have been ruled to be unconstitutional.
D) Prison strip searches have been ruled to be constitutional.

Question 7

How has the ADA primarily been applied in prisons and jails?

A) in mental health care cases
B) in conditions of confinement cases
C) in medical health care cases
D) The ADA does not apply to prisons and jails.

Question 8

ADA includes HIV as a disability.

Question 9

How is deliberate indifference applied to conditions of confinement cases?

A) Prisoners must show a culpable state of mind on the part of the official.
B) Prisoners must show a pattern of deplorable conditions of confinement.
C) Prisoners must show negligence on the part of the official.
D) Prisoners must show all of the above.

Question 10

Which of the following is NOT the intent of PLRA?

A) to curtail prisoners' access to the courts
B) to limit complaints about prison conditions
C) to give more authority to the states
D) to limit federal intervention

Question 11

Between 1991 and1995, the number of HIV-positive prisoners grew twice as fast as the overall prison population.

Question 12

The PLRA applies only to prisons.

Question 13

Which of the following is NOT true about liability and parole?

A) Parole Boards have been granted absolute immunity.
B) Parole departments do not need to obtain a warrant to search parolees and their property.
C) Parole officers are entitled to qualified immunity.
D) Parole officers are held to the same negligence standard as correctional officers.

Question 14

When can prisoners prevail in prisoner-on-prisoner assault cases against correctional officials?

A) never
B) if the prisoner proves that the official knew of a substantial harm and he or she recklessly disregarded that risk
C) if the prisoner only proves that the official knew of a substantial risk of harm
D) always

Question 15

Which of the following is NOT an area of potential liability in a failure to protect §1983 prisoner case?

A) prisoner-on-prisoner physical assaults
B) suicide
C) self-inflicted injuries
D) prisoner-on-prisoner sexual assaults

Question 16

What does PLRA do in practice?

A) establishes a grievance system in every prison and jail in the country
B) establishes an ombudsman system in every prison and jail in the country
C) requires administrative remedies before filing a §1983 lawsuit
D) allows prisoners to issue a consent decree in class action lawsuits

Question 17

Which of the following is the area of most concern raised by prisoners living with HIV/AIDS?

A) classification
B) testing
C) housing
D) privacy

Question 18

Prisoners do not have a right to receive private medical care.

Question 19

What does PLRA stand for?

A) Prison Lawsuit Reform Act
B) Prison Litigation Reform Act
C) Prison Lawsuit Restoration Act
D) Prison Litigation Restoration Act

Question 20

How is the deliberate indifference standard in §1983 prison cases defined?

A) failure to care as a reasonable person and careful person may do under similar circumstances
B) choosing a particular course of action among various alternatives with conscious disregard for a person's rights
C) malicious intent, without regard, and without remorse
D) all of the above