Sgt Exam Flashcards
Per min. Jail standards an innate who disagrees with his placement in administrative segregation shall be provided an opportunity to express his views and:
Have a written or oral appeal to be heard within 72 hrs
The Glick standard is based on
4 factors:
1.Need for force 2.relationship between the amount of force used and needed 3. severity of injuries 4.was force applied in good faith or malicious or sadistic
A survey revealed what % of respondents felt that the use used against them by police was excessive
76%
Most use of force suits are brought against officers through the:
Tort laws in federal court under 1983/ 4th amendment
Use of force by an officer may find an affirmative defense in court
Immediacy of circumstance, faced at time that force was required
Common law had recognized (Graham case) that officers need not retreat when confronted with issues of force
Officers ate entitled to use objectively reasonable force
When making the decision in the Graham case the court held that there can be no precise definition or objective reasonableness and cannot be mechanically applied to use of force issues. This test of reasonableness must consider :
The totality of circumstances
Since the 70’s through the 90’s prisoners have filed harassing lawsuits against sheriff employees hoping to gain freedom or money. Most were thrown out as frivolous. The courts now take the stance that lawsuits must be based upon
A standard of deliberate indifference
Prison litigation reform act introduced
- Remedies to conditions 2. Filing fees at prisoners expense 3. Revoke good time
quid pro quo
Something for something. This for that
Deliberate indifference describes a state of mind
Negligent
Wrongful death suits, the state of Ohio had addressed liability issues through
Policy and department training
A “typical” suicide profile is
Non existent
Corrections training should include
Suicidal tendencies and thoughts
In order to limit the offices liability we require a medical release before an applicant can participate in a physical ability test. Is this a violation of ADA
No
Physical ability testing included such items as running, push ups, weight lifting as separate measured. While some are still used today the courts interpretation of ADA suggests
Must have a comparable test for persons with disabilities
What does ADA say about applicants who are known to be currently using illegal drugs?
Not protected (on alcoholics) but not their use interferes with the job function
Are alcoholics covered by the ADA
Yes
Sexual harassment is illegal. You may not threaten anyone with demands for sex. I as Sheriff have?
Acted responsibly to prevent sexual harassment. I gave put you on notice
Title VII was cited by Supreme Court justice David Souter. Souter states the purpose if title VII is
To prevent harm not redress
Valid physical abilities testing of entry level candidates for police officer positions requires that testing identifies a candidate’s ability to preform
Essential job functions
The prison litigation reform act introduced what concepts?
To limit inmate lawsuits. In reference to prison conditions. Gave states more authority to manage prisons and hands on intervention by the courts
Sexual misconduct by a corrections officer does not apply to
Officer vs. officer conduct
If an employee can prove he resigned as a result of prohibited conduct by a supervisor while the supervisor was acting under his official capacity the employer will
Is liable
Performing an analysis of agency incidents complaints audits and lawsuits in order to identify problems specific to the department’s needs is reference to
Liability risk reduction
Supervisory liability development under “Mondel” decision
They are responsible for the acts of their employees
Failure to direct employees refers to failure to
Avoid deliberate indifference. Failure to inform employees of special requirements and limits of their job to be preformed ( respond reasonably)
A deputy is transferred to court duty and places handcuffs too tight on a prisoner and the cuffs need to be cutoff due to neglect by the deputy. The prisoner suffers a medical emergency. The supervisor of the deputy can be actioned against for neglect
Due to the actions of your subordinates (respondant superior)
You turn on the evening news and observe six officers kicking a man who is lying on the ground. The blows continue for several minutes. The subject is not moving. The sense or feeling you have from watching this has been identified by the courts as
Unreasonable force violation 4th amendment
4513.63 states that an abandoned motor means
3years or older, inoperable, 48 hours not moved, damaged
4511.19a3 provides that the amount considered in the breath to be under the influence
(.08) 8 100’s of one gram per 210 liters of breath
If a person fails to consent to a breath test following his arrest for 4511.192c and does not have his license on his person you shall order him to surrender his license within
24 hours
2901.01(13) contraband definition
Any property that is illegal for a person to give or possess under statute ordinance or rule, or that is lawfully determined to be illegal to possess
Assault of a corrections officer on the grounds of a local facility, committed by a person in custody in that facility is classified as ORC 2903.13 as a
Assault felony of the 5th degree
Know your limits as applied to 313.11 ORC, to wit; removal or disturbing of body or effects prohibited
Do not remove of disturb a dead body without order of the coroner
Any person convicted of sexually oriented offenses as defined 2950.01 which includes rape, sexual battery, GSI, etc.is classified as a
Sexually oriented offender