Deck 9: Civil Liability: Failing the Public Trust

Question 1

A tort is:

A) an instrument used by lawyers to file criminal charges
B) the amount of money spent by police officers for false arrest protection
C) a legal term meaning "let the decision stand"
D) the infliction of some injury upon one person by another

Answer 1

D

Question 2

Negligence arises when a police officer's conduct:

A) creates a danger to others
B) fails to provide a service to the public
C) damages municipal property
D) violates a citizen's constitutional rights

Answer 2

A

Question 3

Which of the following is not a category of torts?

A) Constitutional torts
B) Negligence
C) Statutory torts
D) Intentional torts

Answer 3

C

Question 4

In which case did the Supreme Court hold that a local unit of government could be held liable for the negligence by its officers?

A) Bivens v. Six Unknown Agents
B) Monroe v. Pape
C) Carmelo v. Miller
D) Monell v. Dept. of Social Services

Question 5

When judges rely on prior court rulings to help decide an issue,they are using the doctrine of:

A) quid pro quo
B) stare decisis
C) subpoena duces tecum
D) habeas corpus

Question 6

Which of the following statements about civil litigation against the police is false?

A) The cost of civil suits can be extremely high.
B) Litigation can have beneficial effects.
C) The majority of lawsuits against the police are frivolous in nature.
D) Municipalities can purchase liability insurance for civil lawsuits.

Question 7

Which of the following does not have absolute immunity from Section 1983 suits?

A) Judges
B) Prosecutors
C) Police officers
D) Legislators

Question 8

Which of the following is not an area on which a special relationship can be based?

A) Whether the officer could have foreseen that he or she was expected to take action in a given situation to prevent injury
B) Whether the officer has a personal relationship with the individual
C) The spatial and temporal proximity of the officer's behavior to the injury
D) Departmental policy or guidelines that prohibit a certain course of action

Question 9

The ambiguous nature of the probable cause doctrine increases the risk of Section 1983 lawsuits in the area of:

A) search and seizure
B) wrongful death
C) negligence
D) None of the above

Question 10

Which governmental entity is not entitled to sovereign immunity?

A) The federal government
B) Municipal governments
C) State governments
D) All of these enjoy the protection of sovereign immunity.

Question 11

Unlike Section 1983,U.S.Code Title 18,Section 242 provides for ____________ actions against police officers.

A) civil
B) criminal
C) negligence
D) tort

Question 12

U.S.Code Title 42,Section 1983,was intended to provide civil rights protections when:

A) a defendant has sovereign immunity
B) a federal official violated a citizen's constitutional rights
C) a defendant acted against the peace and dignity of the Constitution
D) a defendant acted under color of law

Question 13

The doctrine of respondeat superior means that:

A) the police are expected to respond immediately to all calls for service
B) the federal court may assume jurisdiction over police misconduct suits involving constitutional violations
C) an employer may be held liable for the wrongful acts of its employees
D) police officers have sovereign immunity and cannot be sued for damages caused by their misconduct

Question 14

Which of the following activities by a police officer is not one that could result in a Section 1983 lawsuit?

A) An on-duty officer uses excessive physical force against nonviolent demonstrators.
B) An off-duty police officer uses excessive physical force while moonlighting as a security guard.
C) Officers at the police station physically assault an arrested suspect who is handcuffed to a bench.
D) All of these actions could result in Section 1983 lawsuits.

Question 15

The duty of care doctrine holds that:

A) the police have a legal duty to protect members of the public from harm at all times
B) the police have a legal duty to use the least lethal tool possible
C) the police have no duty to protect the general public from harm
D) the police have a special relationship to defendants

Question 16

Frivolous lawsuits are:

A) the majority of lawsuits against the police
B) an attempt to gain revenue from the officer or jurisdiction defending against the suit
C) frequently won by the plaintiff
D) extremely rare

Question 17

In the case of ____________,the Supreme Court applied Section 1983 to the police.

A) Monroe v. Pape
B) Gilliam v. Falbo
C) Carmelo v. Miller
D) Gideon v. Wainwright

Question 18

A police officer attacks and physically injures a citizen without provocation.Which of the following statements regarding this act is false?

A) The officer may be charged with a crime.
B) The citizen may sue the officer in civil court.
C) The officer's act may be a tort.
D) The officer has sovereign immunity and may not be sued.

Question 19

Which of the following is not an area in which Section 1983 lawsuits can be used against police administrators?

A) Improper training of officers
B) Failure to properly administer or grade tests during the hiring process
C) Improper termination of an officer accused of misconduct
D) All of the above situations can lead to Section 1983 lawsuits.

Question 20

A departmental failure to develop adequate policies and guidelines for officers is an example of negligent:

A) supervision
B) training
C) retention
D) performance

Question 21

Title 42,Section 1983 of the U.S.Code was originally designed to provide a way to appeal to the federal courts in cases of alleged violations of civil rights.

Question 22

In the case of _________,the Supreme Court gave the lower courts some discretion over how they applied the test for qualified immunity.

A) Monroe v. Pape
B) Saucier v. Katz
C) Pearson v. Callahan
D) Gilliam v. Falbo

Question 23

Under Title 18,Section 242,police officers can be held criminally liable for misconduct committed while acting under color of law.

Question 24

The Supreme Court held that in high-speed pursuits,officers could be held liable only for activities that:

A) shock the conscience
B) show reckless indifference to life
C) indicate a preponderance of evidence
D) involve police vehicles traveling too fast for existing conditions

Question 25

Police officers may have _______ immunity against Section 1983 lawsuits if they have violated someone's constitutional rights.

A) absolute
B) no
C) vicarious
D) qualified

Question 26

Civil lawsuits against the police can have beneficial effects.

Question 27

The police's legal responsibility to ensure the health and safety of persons in their custody:

A) generally does not result in liability for a self-inflicted injury that results from the detainee's intentional behavior
B) may result in liability for a self-inflicted injury if the inmate was placed in a single cell
C) requires that inmates be visually monitored at all times
D) is limited to persons who are incarcerated

Question 28

Proximate cause may be found in such cases as where an officer:

A) gives evidence in court that ultimately results in a conviction
B) fails to arrest an individual after determining he is driving while under the influence of alcohol
C) receives a call for service regarding a violent crime in progress but fails to arrive until after a citizen has been injured
D) Proximate cause is present in all of the above.

Question 29

Section 1983 suits cannot be filed against judges and prosecutors.

Question 30

During routine nonemergency vehicle patrol activities,the police:

A) are governed by the state statutes covering emergency vehicles
B) have limited immunity for violations of traffic laws
C) are held to the same standard of conduct as private citizens
D) are permitted to take risks that would amount to negligence if undertaken by citizens

Question 31

Failure to protect claims against police most frequently involve:

A) victims of natural disasters
B) battered women
C) abused children
D) victims of white collar crimes

Question 32

Proximate cause is established by:

A) determining whether there was a special relationship creating a duty of care on the part of the officer
B) asking the suspect to write out a formal statement of his or her involvement in the crime
C) the level of supervision provided by the department to the officer
D) determining whether the individual's injury would have occurred without the officer's conduct

Question 33

Because they cannot act under color of law when off duty,Section 1983 suits cannot be filed against off-duty police officers.

Question 34

Frivolous lawsuits against the police are quite common because people are trying to get revenue from the officer or department.

Question 35

Improper training may be the basis for Section 1983 lawsuit claiming negligence by police supervisors.

Question 36

Federal,state,and municipal governments all have sovereign immunity against lawsuits filed them in federal courts.

Question 37

In legal terms,a frivolous lawsuit is one that lacks legal merit.

Question 38

A failure to protect may occur if:

A) a city fails to put traffic control devices in high-accident areas
B) a police officer fails to protect a person from a known and foreseeable danger
C) a state fails to inform citizens of crime rates on its college campuses
D) a SWAT unit is not called to a violent crime scene

Question 39

The police have a general duty to protect the public from harm and can be sued under Section 1983 for failing to prevent an individual from being injured during a violent event.

Question 40

If an inmate's suicidal tendencies are known to the police,the standard of care required by the police while the inmate is in custody is:

A) reduced
B) limited to behaviors that are not intentional acts on the part of the detainee
C) applicable only if the inmate is in a holding cell
D) elevated

Question 41

Section ______________ lawsuits provide civil rights protection to citizens whose constitutional rights are violated by police officers.

Question 42

A(n)_____________ lawsuit is one that lacks an arguable basis in law or fact.

Question 43

Police supervisors can be sued by the officers they supervise.

Question 44

Under the doctrine of ____________ immunity,states cannot be sued in federal court.

Question 45

Civil litigation is expensive in terms of both money and officer _________.

Question 46

A sergeant who approves of an illegal activity by an officer may be held liable in civil court for _____________.

Question 47

In general,police do not have a _______________ to protect the general public from harm unless there is a special relationship.

Question 48

Before an officer can be held liable for breaching a duty of care,the plaintiff must show that the officer's conduct was the __________ of the injury or damage.

Question 49

The case of Pearson v.Callahan placed significant limitations on when police officers have qualified immunity.

Question 50

Police officers enjoy qualified immunity if they violate a suspect's constitutional rights if that suspect was not yet officially in police custody.

Question 51

The police cannot be held liable for failing to properly monitor a prisoner if the jail design does not permit detainee supervision.

Question 52

Police can be liable for damages to computer data seized during the investigation of a local business.

Question 53

Police officers driving in nonemergency situations have qualified immunity from violations of traffic laws.

Question 54

Police supervisors can be held liable for the actions of their employees only if they were actively involved in the misconduct engaged in by the employees.

Question 55

The police generally are not liable if an offender commits suicide while in police custody.

Question 56

Judicial decisions that rely on prior decisions made on similar issues are known as ____________.

Question 57

Under the doctrine of ____________ liability,a police department can be held liable for the wrongful acts of its officers.

Question 58

Title 18,Section 242 of the U.S.Code allows officers to be held ________ liable for misconduct.

Question 59

Off-duty police officers can be sued in civil court if they are acting ___________.

Question 60

In general,police should engage in high-speed pursuits only if the need to apprehend the suspect is greater than the amount of danger the pursuit creates.

Question 61

Discuss the pros and cons of giving police qualified immunity from Section 1983 lawsuits.Why should police have any immunity? Why should police not have absolute immunity?

Question 62

List and define the three categories of torts that cover most lawsuits filed against criminal justice practitioners.

Question 63

In the case of County of Sacramento v.Lewis,the court held that officers are liable for their actions during high-speed chases only if the officers' conduct ________.

Question 64

Define duty of care,special relationship,and proximate cause in the context of police liability.

Question 65

When responding to emergency situations,police have ____________ immunity for violations of traffic laws.

Question 66

Explain how police facilities may bring about police liability.

Question 67

Police generally are not liable for __________ conduct on the part of a detainee that results in injury to that detainee.

Question 68

Explain the costs and benefits of lawsuits against the police.

Question 69

Officers may have _____________ immunity to make reasonable but mistaken judgments that violate someone's constitutional rights.

Question 70

Define what is meant by a "frivolous" lawsuit.