Deck 14: Conclusions: Shifting Directions in Civil Litigation

Question 1

Which of the following is a good strategy for avoiding litigation?

A) meeting with a lawyer regularly
B) developing a relationship with the courts
C) writing policies and procedures
D) developing a risk management strategy

Answer 1

D

Question 2

Sexual harassment cannot occur between a correctional officer and a prisoner.

Answer 2

True

Question 3

What did Title 42, U.S. Code §14141 do?

A) provided prisoners with access to state courts
B) provided prisoners will access to federal courts
C) gave the DOJ the authority to sue a state or local criminal justice agency
D) all of the above

Answer 3

C

Question 4

What is a by-product of the PLRA?

A) an increase in prisoner habeas corpus petitions
B) an increase in prisoner lawsuits
C) a decrease in DOJ investigations
D) all of the above

Question 5

Who is vulnerable to allegations of sexual harassment?

A) male officers
B) male supervisors
C) female supervisors
D) all of the above

Question 6

What did Graham v. Connor (1989) do for §1983 litigation?

A) resuscitated and expanded §1983
B) granted qualified immunity to criminal justice professionals
C) established the objective reasonableness standard to use of force cases
D) established failure to train standards

Question 7

So far, §14141 has not achieved police reform.

Question 8

Which of the following administrative civil liability cases in the 1990s marked a historical shift?

A) officers as plaintiffs
B) use of force
C) conditions of confinement
D) all of the above

Question 9

What did Monell v. Department of Social Services (1978) and Monroe v. Pape (1961) do for §1983 litigation?

A) resuscitated and expanded §1983
B) granted qualified immunity to criminal justice professionals
C) established the objective reasonableness standard to use of force cases
D) established failure to train standards

Question 10

Which of the following is NOT an example a U.S. Supreme Court case that significantly shifted standards of review in §1983 cases?

A) Monell v. Department of Social Services (1978)
B) Harlow v. Fitzgerald (1982)
C) Estelle v. Gamble (1976)
D) Gutierrez v. Jackson (1979)

Question 11

What did City of Canton v. Harris (1989) do for §1983 litigation?

A) resuscitated and expanded §1983
B) granted qualified immunity to criminal justice professionals
C) established the objective reasonableness standard to use of force cases
D) established failure to train standards

Question 12

What is COP stand for?

A) a slang term for a police officer
B) the Commission on Policing
C) Correctional Officer and Police
D) Community-Oriented Policing

Question 13

There are seven theories of potential supervisory liability.

Question 14

What did the PLRA do?

A) ensure some employment protections
B) reduce the number of frivolous prisoner lawsuits
C) guard against discrimination based on gender, race, etc.
D) give the DOJ the authority to investigate state and local criminal justice agencies

Question 15

Which of the following is NOT a true statement about training?

A) Training can enhance employee skills, proficiencies, and decision-making.
B) Too much training can increase an agency's liability.
C) Supervisory training is very important for limiting liability.
D) A primary shift in §1983 litigation is to name the supervisor along with the officer in the lawsuit.

Question 16

Which of the following is an area of emerging litigation?

A) officer as plaintiff
B) conditions of confinement
C) environmental hazard
D) all of the above

Question 17

What did Harlow v. Fitzgerald (1982) do for §1983 litigation?

A) resuscitated and expanded §1983
B) granted qualified immunity to criminal justice professionals
C) established the objective reasonableness standard to use of force cases
D) established failure to train standards

Question 18

Which of the following statements is true?

A) Prisons, jails, and juvenile facilities make up about 60% of DOJ investigations/consent decrees.
B) 60% of prisons, jails, and juvenile facilities have been investigated by/received consent decrees from the DOJ.
C) Consent decrees were issued in 60% of the §14141 cases opened by the DOJ.
D) Consent decrees were issued in 60% of the §1983 cases opened by the DOJ.

Question 19

The PLRA terminates all existing court-ordered consent decrees.

Question 20

According to civil litigation trends, the use of §1983 does not appear to be changing.