Legal Issues

Question 1

Through common sense, effective training, unbiased provision of services, and other responsible conduct and behaviors, a supervisor and their organization can avoid harmful results by?

Answer 1

being aware of standards of performance that both they and their subordinates must practice and perfect

Question 2

this is a violation of a duty to act with reasonable care toward others that causes a reasonably foreseeable harm or injury

Answer 2

negligent tort

Question 3

This is a willful action by a person directed towards another person that results in harm to that person

Answer 3

intentional tort

Question 4

This is the legal doctrine that the state cannot be sued without its consent, even for wrongful acts of its agents or employees

Answer 4

Sovereign immunity

Question 5

Sovereign immunity is waived in tort actions by FSS 768.28 when?

Answer 5

a personal injury, death, or property loss was caused by a negligent or wrongful act or omission of any employee of the agency while acting within the scope of the employment

Question 6

liability that a supervisor bears for the actionable conduct of their subordinate

Answer 6

vicarious liability

Question 7

liability that results when a supervisor or instructor fails to provide adequate training to subordinates and that failure results in injury

Answer 7

failure to train

Question 8

liability that results when an appropriate course of action, as dictated by rules, regulations, and/or policies, is not followed nor enforced by a supervisor, leading to the outcome that is determined to be harmful to another party

Answer 8

failure to direct

Question 9

libility that results when the supervisor is responsible for the sub’s performance and either withholds permission to allow the offer to meet their lawful responsilbities or allows behaviors and outcomes as a result of officer’s performance without overseeing the administration of those duties effectively, resulting in real or perceived harmful outcome to a party

Answer 9

failure to supervise

Question 10

liability that results when employees are provided equipment or toher resources without teh commensurate training and skill development to use them effectively

Answer 10

negligent entrustment

Question 11

liability that results when known facts, harmful to the mission, the safety of the public, and other employes of agency are known and yet disregarded, resulting in harm to other parties or organizations

Answer 11

deliberate indifference

Question 12

liability that results when a supervisor has knowledge of an officer’s misconduct and fails to take corrective action

Answer 12

failure to discipline

Question 13

liability that results when an organization fails to exercise due diligence in hiring, background investigation, psych, or other legall required process, thereby allowing the employment of unqualified employee

Answer 13

negligent hiring

Question 14

libaility that results when the organization or its leadership “knew or should have known” that retaining employee based on past or current behaviors, when such facts have been substantiated, symbolizes deliberate indifference to the position of trust and authority that was granted by the employing agency

Answer 14

negligent retention

Question 15

excessive force, false arrest, tort liability, failure to adequately protect, overreaction, overreliance on statements, barricaded subjects, police suing co-workers, sexual harrassment, discrimination are all possible causes of?

Answer 15

actions again CJ personnel, supervisors, and agency

Question 16

major elements of civil judgements

Answer 16

remedies
length
items immune

Question 17

unsolicited, unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct and offensive conduct of a sexual nature

Answer 17

sexual harassement

Question 18

conduct where a sup, employee or someone with the ability to affect the victim’s terms and conditions of employment demands sexual favors in return for job security

Answer 18

quid pro quo

Question 19

office culture where lewd jokes or other offensive habits are acceptable

Answer 19

hostile work environment

Question 20

advising the offending party that his behaviors are not welcomed, inform his supervisor or COC, follow agency policies for filing complaint, refrain from speaking to other employees regarding the issue are responsibilities of who?

Answer 20

victim or complainant

Question 21

take claims seriously, notify command staff immediately, minimize direct conduct between complainant and violator, follow law and policies, prevent/eliminate sexual harassment, monitor work environment are responsbilities of who?

Answer 21

supervisor

Question 22

establish written procedures, inform employees of policy, enforce zero tolerance, take appropriate action, provide periodic training, hold members accountable, and document required training are responsibilities of who/

Answer 22

agency

Question 23

action a person takes to deprive another individual or group of a right because of prejudice involving color, national origin, race, religion, or sex

Answer 23

descriminiation

Question 24

allegation of violation of constitutional rights by an officer or agent of an agency acting under color of law, deprivation of any right secured by the constitution, and legal matter or decision heard in state or federal court are conditions under

Answer 24

US Federal Civil rights act 42 US Code 1983

Question 25

FMLA

Answer 25

grants employees 12 work weeks of unpaid leave during any 12 month period for various reasons

Question 26

ADEA- age discrimination employment act

Answer 26

employers are prohibited from discriminating against a person because of his or her age with respect to any term, condition, or privliges of employment incuging hiring, firing, promotion, layoff, compensation,benefits, job assignment, and training

Question 27

pregnancy discrimination act

Answer 27

prohibited from discriminating against pregnent women in all areas of employment, including hiring, firing, senority rights, job security, and receipt of fringe benefits

Question 28

civil rights act

Answer 28

prohibited from discriminating against race, color, religion, sex, national origin, age, or disability

Question 29

HIPAA- health insurance portability and accountability act

Answer 29

protects health insurance coverage for workers and their families when they change or lose their jobs and keeps information private

Question 30

Americans with dissabilities act ADA

Answer 30

prohibited from discriminating against qualified inidividuals with disabilities in job application procedures etc

Question 31

Key provisions of the ADA

Answer 31

``` reasonable accomodations undue hardship qualified ind with disability direct threat essential functions bonafide occupational quals ```

Question 32

This provides protection from agencies or independent contractors retaliatory actions against an employee who reports a public employer or ind contractor for violations of law that create a danger to public health, safety etc

Answer 32

whistle blower

Question 33

possible liability associated with use of force incidents

Answer 33

litigation, criminal charges, and sactions against officer, his sup, agency,

Question 34

provisions contained in 776.05 and 944.35 use of force

Answer 34

officer's authority, justification, use of deadly force

Question 35

officer's response should be _____ and ___ based on the subject's resistance and totality of circumstances

Answer 35

objectively reasonable and necessary

Question 36

Castle Doctrine 776.013 provisions

Answer 36

presumption of intent to cause death or great bodily harm, right to use any manner of force to defend, no duty to retreat but can stand your ground, protection against prosecution, prohibits criminals and their family from suing

Question 37

officers must _____ in order to reduce liability and avoid disciplinary action or termination of employment

Answer 37

follow department's use of force policy

Question 38

The most common liability against a supervisor is

Answer 38

failure to intervene

Question 39

This applies to any supervisor who fails to stop or intercede in an unconstitutional act

Answer 39

failure to intervene

Question 40

yang vs harden

Answer 40

a supervisor who is present and fails to intervene to prevent sub officers from infringing upon the consitutional rights of citizens is liable under federal law

Question 41

liability for failure to intervene occurs when?

Answer 41

1. if that sueprvisor has reasonable opportunity to intervene to prevent harm from occuring 2. sup has reason to know that excessive force is being used 3. citizen has been unjustifiably arrest 4, if any constitutional violation has been committed

Question 42

Baker vs Monroe

Answer 42

although supervisor did not personally use excessive force or order its use, there was sifficient evidence that he knew and acquiesced to the treatment of teh plaintiff by officers acting under his supervision

Question 43

types of administrative actions that may be taken against supervisors for misconduct in an official capacity

Answer 43

reprimand, suspension, demotion, forced resignation, termination, administrative penalties or fines, loss of cert

Question 44

being committed to always doing the right thing, receiving training on skills, using an established standard of care, maintaining thorough records, following policies, consulting management, involving legal representation, being proactive, and providing quality training to subs are ways a supervisor can ?

Answer 44

limit civil liability