Week 6 Flashcards
(42 cards)
Under the 4th Amendment deadly force is considered a:
Seizure
“Objective Reasonableness” is base on:
- Scope of Intrusion
- Manner of Intrusion
- Place Occurred
(All of the above)
Municipalities lost their sovereign immunity based on:
City of Pinellas v. Brown
Under negligent hiring, employers have duties associated with proper hiring processes and ways to breach those duties include:
- Employer failed to look into the background.
- Employer test was required and applicant failed to meet the required standard and was not eliminated.
(All of the above or a and b)
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:
- Deliberate Indifference
- Negligent Retention
(All of the Above)
The probationary period establishes _________________________________ to establish standards needed to be held by trainee.
The necessity of a valid performance appraisal system
In order to file a negligent hiring claim the following must be proven:
- An employment relationship
- The employees incompetence or predisposition
- The employers actual or constructive knowledge of incompetence
- The employers act or omission causing the injury
(All of the above)
The agency has a duty to provide adequate training to complete job task, therefore, failure to train is considered a custom or practice if:
- In failing to train was the supervisor deliberately indifferent?
- Would a reasonable person know this failure was deliberately indifferent?
- Inadequate training by the supervisor casually related to the constitutional infringement by the subordinate
(All of the above)
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:
Negligent Entrustment
Reasons for use of force:
Affect arrest
Prevent escape
Self defense
Protection of another
(All of the Above)
The factors used to evaluate claims of excessive force which does not fall under the Fourteenth Amendment are:
The training of the officer in policy and procedure does not apply and is not a factor
Under the 8th Amendment, what considerations under cruel and unusual punishment:
Has nothing do with fleeing felons
Actual considerations: Presence/absence of bad faith Amount of force Did action shock conscience Extent of injury
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?
False
Inspections are NOT an example of progressive discipline. T or F?
True.
Stigma can be attached toward any cause for firing, except:
Probationary period… can only say the employee did not pass probation.
An example of a violation of an employee privacy issue tort is:
Unreasonable publication of private facts
Which amendment protects people against unreasonable search and seizures?
4th Amendment
In construction of rules and regulations, when developing policies and procedures, the standard to meet is:
- They are work related.
- Clear enough so an ordinary employee would understand.
(Both a and b)
Policies can regulate:
Hair
Jewelry
Differentiating appearance between male and female
(All of the above)
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:
Deliberate Indifference
A NON-NECESSARY component of “under color of law” is:
Use of Force
The burden of proof in a civil liability case includes:
- That there was a legal duty
- That there was a breach of that duty
- That the breach was the proximate cause
- That there was an injury to the plaintiff
(All of the above)
What is “standard of care”?
How a reasonable, prudent person would act under the circumstances.
Foreseeability:
Consequences of an action that a reasonable person would have known would cause harm.
