Question 1

The likelihood of occurrence of an arrest-related death has been estimated to be which of the following?

Accepted Answer

According to a study by the Bureau of Justice Statistics, the likelihood of an arrest-related death is less than 1% of all arrests.

Question 2

A significant number of persons who experience an arrest-related death may have suffered from which of the following?

Accepted Answer

According to research, a significant number of persons who experience an arrest-related death have been under the influence of drugs or alcohol, had a history of mental illness, and had a history of substance abuse. Therefore, all of the above options are correct.

Question 3

So-called "special needs" arrestees include which of the following?

Accepted Answer

Special needs arrestees refer to individuals who require special attention or care during the booking process. Intoxicated or mentally impaired persons fall under this category as they may not have the capacity to understand their rights or cooperate with law enforcement. Elderly persons and children may also require special attention, but they are not specifically labeled as "special needs" in the context of arrests.

Question 4

Claims for negligent wrongful death during arrest are based upon:

Accepted Answer

Claims for negligent wrongful death during arrest are typically based on state tort law, as they involve allegations of negligence or intentional wrongdoing by law enforcement officers in a particular state. While constitutional and federal laws may also come into play in such cases, they are not the primary legal basis for these claims.

Question 5

To prove a negligence claim, a plaintiff must establish which of the following?

Accepted Answer

a. A breach of a legal duty: The plaintiff must show that the defendant owed a duty of care to the plaintiff and that the defendant failed to fulfill that duty.
b. Proximate causation: The plaintiff must demonstrate that the defendant's breach of duty was the proximate cause of the injury, meaning that the injury was a foreseeable consequence of the defendant's actions.
c. Actual injury: The plaintiff must have suffered an actual injury, harm, or loss as a result of the defendant's actions.
Therefore, the correct answer is d. All of the above.

Question 6

Claims arising from medical and psychological care and failure to protect are usually viewed under protections from which constitutional amendment?

Accepted Answer

The Eighth Amendment is often invoked in cases related to medical and psychological care in the context of cruel and unusual punishment, particularly in correctional settings.

Question 7

Post-arrest custodial deaths are examined under which constitutional protection?

Accepted Answer

Post-arrest custodial deaths are examined under the Fourteenth Amendment protection against actions that shock the conscience. This is because individuals in state custody are under the care and control of the state, and therefore the state has a responsibility to ensure their safety and well-being. The Eighth Amendment protection against cruel and unusual punishment may also apply in certain cases, but is more commonly applied to conditions of confinement rather than custodial deaths. The Fourth Amendment protection against unreasonable searches and seizures typically does not apply in cases of custodial deaths.

Question 8

What have the courts decided about the hogtie position?

Accepted Answer

The courts have ruled that police cannot use the hogtie position on a person who has a diminished capacity that is apparent to officers. This includes individuals who are intoxicated, mentally ill, or under the influence of drugs. The hogtie position can cause serious harm or even death to individuals with these conditions.

Question 9

An excessive force claim will frequently arise from conduct in which of the following situations?

Accepted Answer

An excessive force claim can arise in all of the given situations, as police officers are required to use only reasonable and necessary force to effectuate arrests and maintain order. If their use of force is disproportionate or unreasonable, it can lead to an excessive force claim.

Question 10

Trends in recently published § 1983 cases indicate that police prevail most often in what type of claims?

Accepted Answer

The answer of Trends in recently published § 1983 cases...

Question 11

Inasmuch as wrongful custodial deaths may be brought under state tort law, § 1983 is not an appropriate jurisdictional basis for filing in the federal courts.

Accepted Answer

Section 1983 provides a federal cause of action for the deprivation of rights, privileges, or immunities secured by the Constitution and laws, against any person acting under the color of any statute, ordinance, regulation, custom, or usage of any State or Territory. This means that wrongful custodial deaths, which involve the deprivation of constitutional rights (such as the right to life without due process of law), can indeed be brought under § 1983 in federal courts, in addition to any state tort law claims.

Question 12

Studies suggest that control measures and less-lethal equipment used by police and detention officers are more likely to contribute to sudden death in custody than physiological and psychological factors of the person.

Accepted Answer

Most studies indicate that sudden deaths in custody are often multifactorial, with physiological and psychological factors of the individual (such as pre-existing health conditions, substance use, and mental health issues) playing a significant role, alongside the stress of the arrest and custody situation. Control measures and equipment are factors, but not more likely to contribute than the individual's health and state.

Question 13

Police have so few encounters with "special needs" persons that it is not necessary for all officers to be provided training on how to deal with such persons.

Accepted Answer

It is necessary for all officers to receive training on how to deal with special needs persons because they may have unique needs and behaviors that require specialized handling. Additionally, interactions with special needs persons can be complex and require sensitivity and patience to avoid misunderstanding or escalation. Providing training ensures that all officers are equipped to handle these situations effectively.

Question 14

The Graham objective reasonableness standard has been extended to cover TASER use by law enforcement officials.

Accepted Answer

The Graham objective reasonableness standard has been extended to cover TASER use by law enforcement officials.

Quiz 13: Liability and Arrest-Related Deaths

The likelihood of occurrence of an arrest-related death has been estimated to be which of the following?

A significant number of persons who experience an arrest-related death may have suffered from which of the following?

So-called "special needs" arrestees include which of the following?

Claims for negligent wrongful death during arrest are based upon:

To prove a negligence claim, a plaintiff must establish which of the following?

Claims arising from medical and psychological care and failure to protect are usually viewed under protections from which constitutional amendment?

Post-arrest custodial deaths are examined under which constitutional protection?

What have the courts decided about the hogtie position?

An excessive force claim will frequently arise from conduct in which of the following situations?

Trends in recently published § 1983 cases indicate that police prevail most often in what type of claims?

Inasmuch as wrongful custodial deaths may be brought under state tort law, § 1983 is not an appropriate jurisdictional basis for filing in the federal courts.

Studies suggest that control measures and less-lethal equipment used by police and detention officers are more likely to contribute to sudden death in custody than physiological and psychological factors of the person.

Police have so few encounters with "special needs" persons that it is not necessary for all officers to be provided training on how to deal with such persons.

The Graham objective reasonableness standard has been extended to cover TASER use by law enforcement officials.