Deck 7: Liability for Failure to Train

Question 1

Which of the following is a true statement about lethal and less-lethal force in §1983 inadequate training cases?

A) these cases are an area of low risk
B) these cases provide high payouts to plaintiffs
C) studies show that police officers have a low level of training in this area
D) an unreasonable use of force verdict will support a claim of failure to train

Answer 1

B

Question 2

The standard for examining failure to train claims is deliberate indifference.

Answer 2

True

Question 3

Police generally are liable for failure to protect individuals from harm inflicted by third parties.

Answer 3

False

Question 4

Which of the following is NOT something a plaintiff might allege in a false arrest or unlawful detention §1983 inadequate training case?

A) that the administrator failed to properly instruct officers in the laws of arrest
B) that the department has a culture of arresting and detaining people
C) that the administrator failed to properly instruct officers in the laws of detention
D) that the administrator knew the plaintiff was arrested, which was found to be wrongful arrest

Question 5

Which of the following is a true statement about a medical care §1983 inadequate training case?

A) Police have a duty to provide medical care to an arrestee.
B) A government agency must provide medical care to an individual injured by police.
C) Medical care §1983 inadequate training cases have the highest award.
D) Police are required to have detailed training in medical treatment.

Question 6

Which of the following are three of the six factors necessary to establish deliberate indifference in a failure to train §1983 case?

A) (1) the training program must be adequate to the tasks that the particular employee must perform, (2) the deficiency must be directly related to the injury, and/or (3) there must be at least one incidence of improper training
B) (1) there must be at least one incidence of improper training, (2) the deficiency must be related to the injury, and/or (3) the degree of training need only be adequate to address a particular matter.
C) (1) the training program must be adequate to the tasks that the particular employee must perform, (2) the focus of the training must address regular and ongoing tasks, (3) the degree of the training need only be adequate to address a particular matter.
D) (1) the training must be the most modern available, (2) the focus of the training must address regular and ongoing tasks, and (3) the deficiency must be related to the injury

Question 7

The courts have found that the minimum standards for county jails are established by national standards.

Question 8

Failure to train agency personnel is most often cited by a plaintiff in a §1983 lawsuit.

Question 9

Which of the following is one of the three criteria used to attach failure to train to a use of force verdict in a §1983 inadequate training cases?

A) the training program prepared officers to perform their duties
B) the training program was mandatory
C) the training program met nationally accredited standards
D) all of the above

Question 10

Which of the following statements is true?

A) Gross negligence is a higher standard that replaced deliberate indifference in failure to train §1983 cases.
B) Gross negligence is a lower standard that replaced deliberate indifference in failure to train §1983 cases.
C) Deliberate indifference is a higher standard that replaced gross negligence in failure to train §1983 cases.
D) Deliberate indifference is a lower standard that replaced gross negligence in failure to train §1983 cases.

Question 11

What does the data surrounding police §1983 inadequate training cases suggest?

A) the gross negligence standard is difficult to prove
B) police departments appear to adequately train staff
C) police departments are lacking in training in evidence-based practices
D) the data is not conclusive

Question 12

Which of the following has failure to train decisions established?

A) Police officer training is at the discretion of the agency.
B) Police officer training is to be standardized across the country.
C) All police officers must be trained prior to being assigned patrol work.
D) all of the above

Question 13

Which of the following is NOT an area in which correctional staff are commonly sued for failure to train, according to the text?

A) the signs and symptoms of mental illness
B) chronic mental illness
C) disciplinary hearing processes
D) search and seizure

Question 14

Which of the following cases helped the courts identify what type of evidence was needed in order to prove inadequate training?

A) City of Canton v. Harris (1989)
B) Monell v. New York City Department of Social Services (1978)
C) Board of Commissioners of Bryan County v. Brown (1997)
D) Harlow v. Fitzgerald (1982)

Question 15

Of the 10 most commonly litigated training areas, police vehicle operation is the most frequently performed police function.

Question 16

Which of the following is NOT an emerging trend in failure to train litigation?

A) failure to train officers on a specific piece of equipment
B) failure to train officers on how to deal with individuals with physical disabilities
C) failure to train officers on how to deal with individuals with substance abuse issues
D) failure to train officers on how to deal with individuals with mental illness

Question 17

Which of the following is a true statement about corrections failure to train litigation?

A) Correctional staff is held to a higher standard of medical training than police.
B) Correctional staff is held to the same standard of medical training as police.
C) Correctional staff is held to a lower standard of medical training as police.
D) Correctional staff do not need to have any medical training at all.

Question 18

Which of the following is a true statement about an officer as plaintiff §1983 inadequate training case?

A) These cases can be between two officers.
B) These cases can stem from racial discrimination.
C) These cases can stem from failure to promote a police officer.
D) These cases do not need to prove actual injury.

Question 19

Which of the following are the three most common §1983 cases arising from inadequate training?

A) nonlethal use of force
B) false arrest/detention
C) detainee suicide
D) search and seizure

Question 20

Which of the following is NOT an example of emergency vehicle operations behaviors that are at high risk of liability?

A) failure to follow traffic laws
B) being deliberately indifferent in training to policy concerns
C) failure to use emergency equipment
D) decision making to pursue or terminate