Week 6

Question 1

Under the 4th Amendment deadly force is considered a:

Answer 1

Seizure

Question 2

“Objective Reasonableness” is base on:

Answer 2

1. Scope of Intrusion
2. Manner of Intrusion
3. Place Occurred

(All of the above)

Question 3

Municipalities lost their sovereign immunity based on:

Answer 3

City of Pinellas v. Brown

Question 4

Under negligent hiring, employers have duties associated with proper hiring processes and ways to breach those duties include:

Answer 4

1. Employer failed to look into the background.
2. Employer test was required and applicant failed to meet the required standard and was not eliminated.

(All of the above or a and b)

Question 5

When an employer fails to investigate/discipline an employee who demonstrates an unwillingness to perform the functions of their job, the employer could be charged with:

Answer 5

1. Deliberate Indifference
2. Negligent Retention

(All of the Above)

Question 6

The probationary period establishes _________________________________ to establish standards needed to be held by trainee.

Answer 6

The necessity of a valid performance appraisal system

Question 7

In order to file a negligent hiring claim the following must be proven:

Answer 7

1. An employment relationship
2. The employees incompetence or predisposition
3. The employers actual or constructive knowledge of incompetence
4. The employers act or omission causing the injury

(All of the above)

Question 8

The agency has a duty to provide adequate training to complete job task, therefore, failure to train is considered a custom or practice if:

Answer 8

1. In failing to train was the supervisor deliberately indifferent?
2. Would a reasonable person know this failure was deliberately indifferent?
3. Inadequate training by the supervisor casually related to the constitutional infringement by the subordinate

(All of the above)

Question 9

The requirement for an agency to prevent or disallow an employees use of the equipment or materials they are not qualified to use is called:

Answer 9

Negligent Entrustment

Question 10

Reasons for use of force:

Answer 10

Affect arrest
Prevent escape
Self defense
Protection of another

(All of the Above)

Question 11

The factors used to evaluate claims of excessive force which does not fall under the Fourteenth Amendment are:

Answer 11

The training of the officer in policy and procedure does not apply and is not a factor

Question 12

Under the 8th Amendment, what considerations under cruel and unusual punishment:

Answer 12

Has nothing do with fleeing felons

Actual considerations:
Presence/absence of bad faith
Amount of force
Did action shock conscience
Extent of injury

Question 13

The training of the officer is one of the factors the courts use to determine what is reasonable to public safety in vehicle pursuits. T or F?

Answer 13

False

Question 14

Inspections are NOT an example of progressive discipline. T or F?

Answer 14

True.

Question 15

Stigma can be attached toward any cause for firing, except:

Answer 15

Probationary period… can only say the employee did not pass probation.

Question 16

An example of a violation of an employee privacy issue tort is:

Answer 16

Unreasonable publication of private facts

Question 17

Which amendment protects people against unreasonable search and seizures?

Answer 17

4th Amendment

Question 18

In construction of rules and regulations, when developing policies and procedures, the standard to meet is:

Answer 18

1. They are work related.
2. Clear enough so an ordinary employee would understand.

(Both a and b)

Question 19

Policies can regulate:

Answer 19

Hair
Jewelry
Differentiating appearance between male and female

(All of the above)

Question 20

The hiring of an employee who is not qualified, a conscious choice to retain an employee who is not qualified to retain the position and the creation of a policy that insulates management from knowledge that an employee is incompetent to perform the duties assigned, are examples of:

Answer 20

Deliberate Indifference

Question 21

A NON-NECESSARY component of “under color of law” is:

Answer 21

Use of Force

Question 22

The burden of proof in a civil liability case includes:

Answer 22

1. That there was a legal duty
2. That there was a breach of that duty
3. That the breach was the proximate cause
4. That there was an injury to the plaintiff

(All of the above)

Question 23

What is “standard of care”?

Answer 23

How a reasonable, prudent person would act under the circumstances.

Question 24

Foreseeability:

Answer 24

Consequences of an action that a reasonable person would have known would cause harm.

Question 25

ADA definition or disability

Answer 25

A physical or mental impairment that substantially limits one or more of the major life activities of an individual AND a pattern or record of having such impairment.

Question 26

Submission is a term of employment, interferes with the ability to perform the function of their job, must be unwanted and may not necessarily be a male/female horse playing or telling sex jokes are all examples of:

Answer 26

Title 7 Sexual Harassment

Question 27

Under FSLA which class of employee is covered?

Answer 27

Law Enforcement Employees

Question 28

Under FSLA the maximum number of comp time hours allowed is:

Answer 28

480

Question 29

The ban of discrimination applies to all phases of the employee/employer relationship, including:

Answer 29

Refuse to hire
Discharge
Segregate/Deprive Employee

(All of the Above)

Question 30

The statute of limitation under FSLA for a WILLFUL violation is:

Answer 30

3 Years

Question 31

What can you ask under the ADA?

Answer 31

Can you perform the job related function?

Question 32

Define negligence.

Answer 32

A breach of a legal duty owed to the plaintiff by an action of the defendant which is the proximate cause of an injury to the plaintiff that falls below a reasonable standard of care.

Question 33

Under EEOC Title 7 1972 applied to employers with ____ or more employees.

Answer 33

15

Question 34

Safety rules under FSLA DO NOT include:

Answer 34

Injury to the public and excessive force

Question 35

A pattern or record of having impairment is NOT a defense to discrimination charges with ADA. T or F?

Answer 35

True

Question 36

Personality traits are covered under the ADA. T or F?

Answer 36

False

Question 37

When dealing with complaints, which complaints should be investigated?

Answer 37

All complaints should be accepted including those which are anonymous, third party or transmitted via email.

Question 38

The easier it is to file complaints correlates to acceptance by the community and the media of rational department responses and often depends on:

Answer 38

How easy it is to file complaints

Question 39

What are the two components of the just cause standard?

Answer 39

1. Did the employee commit an offense or engage in misconduct that warrants discipline?
2. Was the level of discipline imposed fair, impartial and consistent?

Question 40

How many types of due process are there if the property or liberty interest is established?

Answer 40

2

Question 41

Unless specifically granted by a state statute (LEO Bill of Rights) the LEO is not entitled to be represented by an attorney during disciplinary interview or interrogation. What landmark case decided this?

Answer 41

Weingarten

Question 42

What is the difference between derivative and transactional immunity?

Answer 42

Transactional immunity is broad and covers the entire incident while derivative immunity only covers specific parts of incidents.