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The use of deadly force is a seizure under what amendment? (Gil 3A, Page 35)
(Blank) will be determined as of the instance the force was applied: (Gil 3A, Page 36)
- Objective Reasonableness: The
- lawfulness of the officer's decision will turn on the facts and
- circumstances known to the officer at the time the force was used.
Municipalities lost their Sovereign Immunity in high speed pursuits based on what case law? (Gil 3A, Page 7)
City of Pinellas Park v Brown.
In Negligent Hiring cases the breech of the employer’s duty lies where? (Gil 3A, Page 15)
Adequate background investigation and testing requirements.
When an employer fails to
investigate, discipline, retrain, reassign or terminate an employee who
demonstrates the inability or unwillingness to perform in a competent
manor, the employer is open to a charge of what?
(Gil 3A, Page 15)
Deliberate indifference and negligent retention.
The establishment of a probationary
period can be the most valuable time for the employer to evaluate
fitness for continued employment; it reinforces what? (Gil, 3A, Page 16)
The necessity for a performance appraisal system
What do you need to prove a negligent hiring claim? (Gil 3A, Page 11)
- Employment relationship; The
- employee’s incompetence or predisposition; The employers actual or
- constructive knowledge of the incompetence; The employee’s act or
- omission causing the injury
The agency has a duty to provide
adequate and sufficient training for the completion of job tasks:
therefore, failure to train is a custom/practice only if what? (Gil 3A,
The person who is (???????? inaudible) knows that the failure to train is deliberately indifferent.
There is moral certainty that police
officers are required to arrest felons. In order to assist this endeavor
we issue them equipment such as guns, batons, mace, vehicles. Failure
to ensure the officers are competent
in the use of this equipment is what? (Gil 3A, Page 17)
An officer involved in a high speed
pursuit has the duty not to act in a manner that is contrary to reason
and public safety. The courts have used which of the following in
describing what is contrary to reason and public
safety? (Gil 3A, Page 8)
- The training of the officer; They
- will look at Speed; Location; Number of units involved; Type of crime
- involved; Contrary to written policy
The Fourteenth Amendment recognizes a
protected liberty interest in bodily integrity cannot be affected or
interfered with without due process of law. Of the factors used to
evaluate claims of excessive force, which
does not fall under the Fourteenth Amendment? (Gil 3A, Page 41)
Training of the officer in policy and procedure
A progressive discipline system
should be a rigid policy system of specific offenses, steps and
penalties. The larger the organization the more important it is to set
forth in writing a table of specific offenses and
the appropriate discipline, examples would be what? (Gil 3A, Page 26)
Verbal warning, written reprimand, suspension, demotion, termination.
When an employees ability to seek
employment with a reputation which has been impaired within a
professional community by the employer stigma can be applied, an example
of stigma include all of the following except?
(Gil 3A, Page 28)
In employee privacy torts, which concerns police departments and employee investigations? (Gil 3A, Page 29)
Unreasonable publication of private facts
Which amendment gives people the right to be secure in their person, houses, papers, affects? (Gil 3A Page 30)
The standard in the construction of rules, regulations and policies is what? (Gil 3A, Page 32)
- Stands the challenge of being work
- related and clear enough that an ordinary, intelligent employee would
- understand the confines of his work.
Freedom of association falls under
protected speech. Which of the following would not fall under protected
speech? (Gil 3A, Page 32 & 33)
- If the speech is not based on strong
- public concern (whistle blower act) and its solely critical of the
- employing agency then the speech is not protected. Associations with
- groups that have differing views; i.e., KKK,
- New Nazis of America, is not protected.
the only reasons for use of force
- affect and arrest
- prevent an escape
- self defense
- protection of another person
a physical or mental impairment that substanstially limits one or more of the major life activities and a pattern or record of having such impairment
disability as defined by ADA
major life activities include
- care for self
- perforiming manual tasks
14th amendment recognizes a.......
training of an officer in policy and proceedure does NOT fall under the 14th amendment
8th amendment cruel and unusual punishment
NOT USED- Fleeing felon, convicted person only
free and protected speach
NOT-unprotected beliefs contrary to beliefs and philosophy contrary to law enforcement
which are permitted to be regulated
haircut jewelry hats jewelry different appearence standards between male and female....all of the above
creating a policy that insulates managment about the incomptetency of an employee??????????
the person who acts under the deliberate indifference must be acting as entitty or state official to commit
standard of care
reasonable prudent person who would act under the circumstances.
reasonable person could predict could have or should have caused harm
ADA defines disability
mental or physical impairment that substantially limits one or more major life activities and has been labeled or established a pattern of such