Question 1

What is the standard of medical knowledge for police officers?

Accepted Answer

Police officers are expected to determine the medical wellbeing of the individual in their custody to a basic extent, ensuring they get necessary medical attention when required, but they are not held to the same standards as medical professionals.

Question 2

What have the courts decided about the hogtie position?

Accepted Answer

C

Question 3

Unexpected custodial death cases filed under §1983 are evaluated under the purview of which Amendments?

Accepted Answer

D

Question 4

Which of the following is a prisoner suicide awareness factor?

Accepted Answer

All of the listed options are factors that can contribute to prisoner suicide awareness. Prior arrest conviction and the nature of arrest can impact a prisoner's mental state and outlook on their future, while showing signs of depression is a direct indicator of a prisoner's potential risk for suicide.

Question 5

The common law and statutes general provide that police officers may take custody of the apparently mentally ill or those who appear to be dangerous.

Accepted Answer

Common law and statutes often allow police officers to take into custody individuals who appear to be mentally ill and pose a danger to themselves or others, as a measure of protection and to ensure the safety of the community. This is typically done under laws related to emergency mental health evaluations and interventions.

Question 6

Which of the following elements alone may cause asphyxia?

Accepted Answer

The weight of an officer's body can physically compress the chest or obstruct the airway, leading to asphyxia.

Question 7

Which U.S. Supreme Court case decided the standard for §1983 wrongful death failure to train cases?

Accepted Answer

City of Canton v. Harris (1989) established the standard for determining when a municipality can be found liable under 42 U.S.C. §1983 for a constitutional violation resulting from a failure to train its employees.

Question 8

According to Noonan and Carson (2011), about _____ percent of jail custodial deaths are suicides?

Accepted Answer

The answer of According to Noonan and Carson (2011), about...

Question 9

Which of the following incidents normally results in a civil lawsuit?

Accepted Answer

The answer of Which of the following incidents normally results...

Question 10

Research estimates that prisoner suicide is about _____ times more likely than the free society population

Accepted Answer

Prisoner suicide rates are significantly higher than those in the general population, with estimates suggesting they are about 5-15 times more likely. This is due to factors like mental health issues, isolation, and the stress of incarceration.

Question 11

Sudden death in custody after a period of restraint is a rare occurrence.

Accepted Answer

Sudden death in custody after a period of restraint is considered a rare occurrence, but when it does happen, it often raises significant concerns about the methods of restraint used and the health and treatment of individuals in custody.

Question 12

How have the courts interpreted the deliberate indifference standard in suicide wrongful death in custody cases?

Accepted Answer

Courts have interpreted the deliberate indifference standard in suicide wrongful death in custody cases as requiring the plaintiff to show that there was deliberate indifference to a strong likelihood of suicide. This means that officials must have been aware of, and disregarded, an excessive risk to the inmate's health or safety.

Question 13

In order to argue for wrongful death in a negligence claim, a plaintiff must prove that the police officer disregarded department policies regarding force measures, use of restraints, medical concerns, and/or transporting procedures.

Accepted Answer

To argue for wrongful death in a negligence claim, a plaintiff must prove that the defendant owed a duty to the deceased, breached that duty, the breach caused the death, and damages resulted. While disregarding department policies can be evidence of negligence, it is not the sole requirement.

Question 14

Which of the following is the most common type of wrongful death claim filed against detention personnel?

Accepted Answer

All of the listed options, excessive force, positional asphyxia, and failure to provide medical care, are common types of wrongful death claims filed against detention personnel. Each of these issues can lead to fatal outcomes for individuals in custody, reflecting the various ways in which negligence or misconduct by detention personnel can result in wrongful death.

Question 15

Where does a majority of excessive force claims occur?

Accepted Answer

Excessive force claims can occur in various contexts, including during an arrest, at the police station, and in a detention cell, as these are all situations where individuals are under police control and potentially vulnerable to abuses of power.

Question 16

Who requires a special duty of care?

Accepted Answer

The answer of Who requires a special duty of care?
...

Question 17

According to Noonan and Carson (2011), about _____ percent of jail custodial deaths are suicides?

Accepted Answer

Noonan and Carson (2011) reported that approximately 30 percent of jail custodial deaths are suicides.

Question 18

The Court has never specified a prisoner's right to protection from self-harm; however, the deliberate indifference standard is used in suicide cases.

Accepted Answer

The Supreme Court has not explicitly specified a prisoner's right to protection from self-harm, but it has applied the "deliberate indifference" standard in cases involving prison suicides, indicating that prison officials may be held liable if they are deliberately indifferent to an inmate's serious medical needs, including the risk of suicide.

Question 19

Which of the following has been proven to cause sudden in custody death after a period of restraint?

Accepted Answer

The answer of Which of the following has been proven...

Question 20

The standard in wrongful death torts is gross negligence.

Accepted Answer

The standard in wrongful death torts can vary, but it often includes negligence, which does not necessarily have to be gross negligence. Gross negligence is a higher threshold of fault than ordinary negligence.

Quiz 13: Liability and Wrongful Custodial Death