Question 1

Which of the following describes three of the five basic elements of a risk reduction program for administrators and supervisors?

Accepted Answer

A)   perform an analysis of incidents, revise policies, and strictly enforce all policies
B)   perform an analysis of incidents, provide adequate training to employees, and provide written documentation
C)   provide proper direction, strictly enforce all policies, and provide written documentation
D)   provide proper direction, hire only competent employees, and seek legal advice regularlyE) B) and D)
F) C) and D)

Question 2

Which of the following is the best definition for failure to direct?

Accepted Answer

A)   Failure to inform employees of the special requirements involved in the job to be performed.
B)   Failure to properly control an employee's custody of facilities.
C)   Failure to adequately scrutinize an applicant's background.
D)   Retaining an employee on a job who is incapable of performing the job.E) A) and D)
F) C) and D)

Question 3

Which of the following is NOT an act that creates supervisory liability?

Accepted Answer

A)   directly participating in the action
B)   being on duty during the action
C)   failing to remedy the wrong if filed in a remedy or complaint
D)   creating a policy or custom that encouraged civil rights violationsE) A) and C)
F) A) and D)

Question 4

Which of the following includes four of the seven general theories from which potential administrative liability emerges?

Accepted Answer

A)   negligent hiring, negligent assignment, failure to terminate, and failure to train
B)   negligent hiring, negligent assignment, failure to train, and failure to direct
C)   failure to terminate, failure to train, failure to direct, and failure to supervise
D)   negligent hiring, negligent assignment, negligent performance, and negligent entrustmentE) B) and D)
F) C) and D)

Question 5

When the doctrine of respondeat superior apply to public officials?

Accepted Answer

A)   always
B)   in rare circumstances
C)   frequently
D)   neverE) B) and C)
F) A) and B)

Question 6

Which of the following lists three of the five recommendations to ensure background investigations of employees are performed properly?

Accepted Answer

A)   provide applicants with a personal history packet, obtain a notarized waiver, and learn from other departments' mistakes
B)   provide applicants with a personal history packet, conduct an "initial interview" to go through personal history, and follow up with all details of the personal history interview
C)   obtain a notarized waiver, conduct an "initial interview" to go through personal history, and distribute the notarized waiver to all individuals mentioned in personal history interview
D)   conduct an "initial interview" to go through personal history, follow up on reference information, and follow up with all details of the personal interviewE) B) and C)
F) A) and D)

Question 7

What is the first line of defense against administrative and supervisory liability?

Accepted Answer

A)   studying best practices
B)   obtaining legal advice
C)   properly training employees
D)   transforming administrative functions into a proactive risk management programE) A) and C)
F) B) and C) D

Question 8

Claims citing negligent hiring generally assert that the constitutional violation would not have occurred had the administrator properly performed a thorough screening of the errant officer prior to hiring him or her.

Accepted Answer

A) True 
 B)False

Question 9

An employee action that allegedly deprives an individual of a protected right will not expose the administrator to liability.

Accepted Answer

A) True 
 B)False

Question 10

In finding liability for supervisors under §1983, the courts commonly use the standard of deliberate indifference.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is the best definition for negligent entrustment?

Accepted Answer

A)   Hiring employees with a criminal history, violent history, and/or mental instability.
B)   Retaining an employee incapable of performing the job.
C)   Failure to assess the backgrounds of your employees.
D)   Failure to properly supervise or control an employee's custody of equipment or facilities entrusted to him or her.E) A) and D)
F) A) and C)

Question 12

Which of the following may be an example of negligent hiring?

Accepted Answer

A)   failure to administer a criminal background check on employees
B)   failure to screen employees for psychological deficiencies
C)   failure to conduct a thorough and complete investigation
D)   all of the aboveE) All of the above
F) A) and C)

Question 13

Administrative liability emerges from five general theories.

Accepted Answer

A) True 
 B)False

Question 14

When can a supervisor be liable for an employee's actions?

Accepted Answer

A)   A supervisor is always liable for an employee's actions.
B)   A supervisor can only be held liable if the employee commits a civil rights violation.
C)   A supervisor can only be held liable if he or she failed in his or her supervisory responsibilities and the failure results in a civil rights violation.
D)   A supervisor is never liable for an employee's actions.E) B) and C)
F) A) and B)

Question 15

Which of the following best describes failure to supervise subordinates?

Accepted Answer

A)   A Deputy Warden who fails to inform an employee of the risks involved in working on the administrative segregation unit.
B)   A Deputy Warden who fails to identify correctional staff abusing prisoners in his or her facility.
C)   A Deputy Warden who assigns a blind correctional officer to the look out tower.
D)   A group of correctional officers who beat a prisoner with a billy club.E) C) and D)
F) B) and C)

Question 16

Which of the following is the best definition for negligent assignment?

Accepted Answer

A)   Hiring employees with a criminal history, violent history, and/or mental instability.
B)   Retaining an employee incapable of performing the job.
C)   Failure to assess the backgrounds of your employees.
D)   Failure to properly supervise or control an employee's custody of equipment or facilities entrusted to him or her.E) B) and C)
F) C) and D) B

Question 17

The general theories from which potential administrative liability emerges are mutually exclusive.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following best describes negligent failure to discipline?

Accepted Answer

A)   Failure to identify staff abuse
B)   Failure to properly control an employee's custody of facilities.
C)   Failure to investigate complaints about employees and take appropriate action as warranted.
D)   Retaining an employee on a job who is incapable of performing the job.E) B) and C)
F) None of the above C

Question 19

What is the primary vehicle by which administrators have been sued for violations of constitutional rights resulting from their management responsibilities?

Accepted Answer

A)   The Civil Rights Act
B)   Title 42, U.S. Code §1983
C)   The Patriot Act
D)   The Americans with Disabilities ActE) None of the above
F) All of the above

Question 20

Which of the following is a true statement about deliberate indifference?

Accepted Answer

A)   Deliberate indifference has not been specifically defined, but applied on a case-by-case basis.
B)   Deliberate indifference may be demonstrated by actual intent.
C)   Deliberate indifference may be demonstrated by reckless disregard.
D)   All of the above are true.E) A) and B)
F) C) and D)

Exam 6: Administrative and Supervisory Liability

Which of the following describes three of the five basic elements of a risk reduction program for administrators and supervisors?

Correct AnswerverifiedShow Answer

Which of the following is the best definition for failure to direct?

Correct AnswerverifiedShow Answer

Which of the following is NOT an act that creates supervisory liability?

Correct AnswerverifiedShow Answer

Which of the following includes four of the seven general theories from which potential administrative liability emerges?

Correct AnswerverifiedShow Answer

When the doctrine of respondeat superior apply to public officials?

Correct AnswerverifiedShow Answer

Which of the following lists three of the five recommendations to ensure background investigations of employees are performed properly?

Correct AnswerverifiedShow Answer

What is the first line of defense against administrative and supervisory liability?

Correct AnswerverifiedD

Claims citing negligent hiring generally assert that the constitutional violation would not have occurred had the administrator properly performed a thorough screening of the errant officer prior to hiring him or her.

Correct AnswerverifiedShow Answer

An employee action that allegedly deprives an individual of a protected right will not expose the administrator to liability.

Correct AnswerverifiedShow Answer

In finding liability for supervisors under §1983, the courts commonly use the standard of deliberate indifference.

Correct AnswerverifiedShow Answer

Which of the following is the best definition for negligent entrustment?

Correct AnswerverifiedShow Answer

Which of the following may be an example of negligent hiring?

Correct AnswerverifiedShow Answer

Administrative liability emerges from five general theories.

Correct AnswerverifiedShow Answer

When can a supervisor be liable for an employee's actions?

Correct AnswerverifiedShow Answer

Which of the following best describes failure to supervise subordinates?

Correct AnswerverifiedShow Answer

Which of the following is the best definition for negligent assignment?

Correct AnswerverifiedB

The general theories from which potential administrative liability emerges are mutually exclusive.

Correct AnswerverifiedShow Answer

Which of the following best describes negligent failure to discipline?

Correct AnswerverifiedC

What is the primary vehicle by which administrators have been sued for violations of constitutional rights resulting from their management responsibilities?

Correct AnswerverifiedShow Answer

Which of the following is a true statement about deliberate indifference?

Correct AnswerverifiedShow Answer

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D

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B

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C

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