Deck 7: Liability for Failure to Train

Question 1

Criminal justice supervisors face greater risk of liability for which of the following areas of responsibility?

A) Negligent hiring.
B) Failure to train.
C) Sexual harassment.
D) Negligent entrustment.

Answer 1

B

Question 2

The standard utilized by courts in assessing conduct in failure to train cases under § 1983 is which of the following:

A) Gross negligence.
B) Shocks the conscience.
C) Deliberate indifference.
D) Actual malice.

Answer 2

C

Question 3

To prevail on a failure to train claim under § 1983, a plaintiff must prove which of the following elements:

A) The training program is the result of local government policy and is inadequate to the regular tasks of officers; the failure to train is the cause of the harm; and the existence of a pattern or history of problems related to training.
B) The training program is unconstitutional and results in harm to the plaintiff.
C) The training is causally related to the harm and fails to utilize modern instructional tools.
D) None of the above.

Answer 3

A

Question 4

The greatest number of failure to train cases filed in federal courts are against which of the following agencies?

A) State police.
B) County sheriff's departments.
C) Municipal police departments.
D) State corrections agencies.

Question 5

Plaintiff's are more likely to prevail in what type of failure to train cases?

A) Non-lethal force.
B) Lethal force.
C) Search and seizure.
D) Detainee suicide.

Question 6

Which of the following police functions that create exposure to civil liability is the most frequently performed?

A) Use of firearms.
B) Use of less lethal weapons.
C) Use of restraints.
D) Vehicle operations.

Question 7

A plaintiff in a vehicle pursuit case must first prove a link between the failure to train and the harm. When considering pursuing officer's conduct in a police vehicular pursuit case, the appropriate standard to be used by the court is:

A) Deliberate indifference.
B) Probable cause.
C) Shocks the conscience.
D) Clear and convincing evidence.

Question 8

In a lawsuit alleging failure to train in a police vehicle pursuit case, the standard for determining liability for training is:

A) Deliberate indifference.
B) Probable cause.
C) Shocks the conscience.
D) Clear and convincing evidence.

Question 9

False arrest and detention is what kind of tort claim?

A) Negligent tort.
B) Intentional tort.
C) Strict liability tort.
D) None of the above.

Question 10

The government must provide medical care to a person who is injured while being apprehended by police under which constitutional principle?

A) Eighth Amendment prohibition against cruel and unusual punishment.
B) Fourth Amendment prohibition against unreasonable seizures.
C) First Amendment right to petition for redress of grievances.
D) Fourteenth Amendment due process clause.

Question 11

The standard for assessing training for suicide prevention in county detention centers is which of the following:

A) Deliberate indifference.
B) Shocks the conscience.
C) Negligence.
D) Clear and convincing evidence.

Question 12

Deliberate indifference rests on a continuum between mere negligence and something less than behavior for the purpose of causing harm.

Question 13

Liability for failure to train assistant district attorneys can be established for an isolated incident of harm only if the harm is sufficiently serious.

Question 14

The predominant method for determining liability for failure to train is the gross negligence standard.

Question 15

The U.S. Supreme Court has held that the use of deadly force is a seizure under the Fourth Amendment and must meet the objective reasonableness standard.

Question 16

Police have a greater duty to protect arrestees who are accused of violent crimes than to protect innocent persons in the general public from harm caused by third parties.