Question 1

A supervisor may be found to be a &#34;policymaker&#34; for &#167; 1983 liability under which of the following situations?&#10;A) The person is an elected official.&#10;B) The person was at the scene when the alleged harm occurred.&#10;C) The person has final policymaking authority.&#10;D) All of the above.

Accepted Answer

A supervisor may only be considered a "policymaker" for § 1983 liability if they have final policymaking authority within their jurisdiction. Merely being an elected official or present at the scene of alleged harm does not automatically confer policymaking authority.

Question 2

Which of the following U. S. Supreme Court decisions established the legal standard of deliberate indifference?&#10;A) Stokes v. Delcambre.&#10;B) City of Canton v. Harris.&#10;C) Estelle v. Gamble.&#10;D) Wilson v. Seiter.

Accepted Answer

Estelle v. Gamble established the legal standard of deliberate indifference, particularly in the context of prison officials' duty to provide medical care to inmates.

Question 3

Which of the following are administrative actions that can result in exposure to administrative liability?&#10;A) Negligent hiring, failure to terminate, negligent assignment, failure to train, failure to direct, negligent entrustment, and failure to supervise.&#10;B) Negligent hiring, negligent assignment, negligent performance, and negligent entrustment.&#10;C) Negligent hiring, failure to terminate, negligent assignment, failure to train, and negligent performance.&#10;D) None of the above.

Accepted Answer

All of the actions listed under choice A are administrative actions that can result in exposure to administrative liability. Negligent hiring can result in liability if an employee causes harm due to their incompetence or dangerous tendencies. Failure to terminate can leave an organization liable for any harm caused by an employee who should have been fired. Negligent assignment can lead to liability if an employee is given responsibilities they are not qualified for or if they are placed in a role that creates a risk of harm. Failure to train and failure to direct can both lead to liability if an employee causes harm because they were not properly trained or directed. Negligent entrustment can also result in liability if an organization entrusts a vehicle or other equipment to an employee who is not qualified or who creates a risk of harm. Finally, failure to supervise can lead to liability if an employee causes harm due to a lack of proper supervision.

Question 4

Which of the following is not a basic element of an agency risk reduction program?&#10;A) Analyze agency incidents, complaints, audits, and lawsuits.&#10;B) Ensure that policies and procedure manuals are current and comply with current court rulings.&#10;C) Procure and maintain adequate levels of general liability insurance.&#10;D) Maintain written documentation of training, complaints, and disciplinary actions.

Accepted Answer

While procuring and maintaining adequate levels of general liability insurance is important, it is not a basic element of an agency risk reduction program. The other options listed (analyzing agency incidents, ensuring policies comply with court rulings, and maintaining written documentation) are all essential components of such a program.

Question 5

The standard for determining liability under &#167; 1983 on the part of supervisors is which of the following:&#10;A) Negligent conduct.&#10;B) Strict liability.&#10;C) Res ipsa loquiter.&#10;D) Deliberate indifference.

Accepted Answer

The standard for determining liability under § 1983 on the part of supervisors is deliberate indifference. This means that supervisors can be held liable if they were aware of and disregarded a risk of harm to a person's constitutional rights, or if they were deliberately indifferent to a pattern of misconduct by their subordinates. Negligent conduct, strict liability, and res ipsa loquiter are not the appropriate standards for determining liability under § 1983.

Question 6

The scope of &#167; 1983 liability of &#34;persons&#34; was expanded to include local governments or agencies if the alleged harm was the result of a local policy or custom by the case of Monell v. Department of Social Services of the City of New York (1978).

Accepted Answer

This statement is true. The Monell decision established that local governments or agencies could be held liable under § 1983 if the harm was caused by a local policy or custom.

Question 7

Supervisors will not face liability for a failure to obtain a psychological evaluation of an officer candidate who does not exhibit any troubling behavior during a thorough interview.

Accepted Answer

The answer of Supervisors will not face liability for a...

Question 8

The U. S. Supreme Court has not expanded the standard of deliberate indifference to hiring actions.

Accepted Answer

The U.S. Supreme Court has expanded the standard of deliberate indifference to include hiring actions, recognizing that entities can be liable for the actions of their employees if they showed deliberate indifference in hiring someone they knew, or should have known, posed a risk of harm to others.

Question 9

The U. S. Supreme Court has held that in the context of government officials, liability of a supervisor must turn on the actions of the supervisor in order to overcome qualified immunity.

Accepted Answer

The Supreme Court has specifically held that a supervisor can be held liable under §1983 only if he or she was personally involved in the constitutional violation, and that a supervisor cannot be held vicariously liable for the actions of his or her subordinates. This requirement of personal involvement is necessary to overcome qualified immunity.

Deck 6: Administrative and Supervisory Liability