TLETA Test 2 – Questions With Complete Solutions
Negligence Correct Ans - Mistake/Wrong-Doing; low cost
Gross Negligence Correct Ans - Negligence + KNOWLEDGE;
Moderate cost
Deliberate Indifference Correct Ans - Foreseeable (almost
inevitable) negative outcome; high cost
Conduct that Shocks the Conscience Correct Ans - Blatantly
immoral to the reasonable person; Thurman v. Torrington; very high cost
Thurman v. Torrington Correct Ans - Plaintiff stabbed/nearly killed
as officers watched; Supreme Court found that they violated 14th
Amendement b/c City police responded more slowly/made fewer arrests
on DV calls made by women; country-wide shift to "shall arrest" for DV
Canton v. Harris Correct Ans - Failure to train officers for
foreseeable activities is gross negligence
Plaintiff 's 5 Front Attack Correct Ans - (1) Facts of Case (2) Policy
(3) Training (4) Supervision (5) Discipline
Immunity from TN Tort Liability removed if: Correct Ans - (1)
Injury from negligent operation of vehicle.
(2) injury from defective/damaged streets, sidewalks, or traffic control
devices; notice is required.
(3) injury from dangerous structures [buildings, playgrounds, etc.]
(4) Injury by negligence/omission by employees [if one person knows,
while entity knows; report everything]
Where should claims under TN Tort Act be filed? Correct Ans -
County Circuit Court where incident occurred
Four Elements that Determine Liability for Negligence Correct Ans -
(1) Did you have a duty to act?
(2) Did you breach this duty?
(3) Was this breach of duty the proximate cause of the injury?
, (4) Did an injury/property damage actually occur?
Public Duty Doctrine Correct Ans - Your duty is to the public, not
any one individual; gives more discreation for arrests; may not be covered
for DV or "special relationships"
Special Relationships Correct Ans - When an officer or entity
assured someone they will do something (like a vacation check); failure to
follow thru may leave officer/entity liable
Limit of Liability for a single bodily injury or death: Correct Ans -
$300,000
Limit of Liability for all bodily injuries/deaths per occurrence: Correct
Ans - $700,000
Limitation of Liability for property damage: Correct Ans - $100,000
Personal Protections Correct Ans - (1) Protected from loss for
damages for which immunity from entity is removed
(2) Protected by statutory limits since 1987 [TCA 29-20-310(c)]
(3) Protected from Punitive Damages; may still be sued but will win the
case
Who may bring suit per 42 USC Section 1983? Correct Ans - Any
citizen or other person
Who qualifies as an "other person" per 42 USC Section 1983? Correct
Ans - Anyone, including non-citizens and illegal aliens
Who may be the defendant per 42 USC Section 1983? Correct Ans -
Any person acting under the color of the law (basically anyone in uniform,
whether on/off duty)
Monell v. NYC Correct Ans - Expanded the definition of "person" to
government agencies/entities/departments, in terms of who could be a
defendant per 42 USC Section 1983
Negligence Correct Ans - Mistake/Wrong-Doing; low cost
Gross Negligence Correct Ans - Negligence + KNOWLEDGE;
Moderate cost
Deliberate Indifference Correct Ans - Foreseeable (almost
inevitable) negative outcome; high cost
Conduct that Shocks the Conscience Correct Ans - Blatantly
immoral to the reasonable person; Thurman v. Torrington; very high cost
Thurman v. Torrington Correct Ans - Plaintiff stabbed/nearly killed
as officers watched; Supreme Court found that they violated 14th
Amendement b/c City police responded more slowly/made fewer arrests
on DV calls made by women; country-wide shift to "shall arrest" for DV
Canton v. Harris Correct Ans - Failure to train officers for
foreseeable activities is gross negligence
Plaintiff 's 5 Front Attack Correct Ans - (1) Facts of Case (2) Policy
(3) Training (4) Supervision (5) Discipline
Immunity from TN Tort Liability removed if: Correct Ans - (1)
Injury from negligent operation of vehicle.
(2) injury from defective/damaged streets, sidewalks, or traffic control
devices; notice is required.
(3) injury from dangerous structures [buildings, playgrounds, etc.]
(4) Injury by negligence/omission by employees [if one person knows,
while entity knows; report everything]
Where should claims under TN Tort Act be filed? Correct Ans -
County Circuit Court where incident occurred
Four Elements that Determine Liability for Negligence Correct Ans -
(1) Did you have a duty to act?
(2) Did you breach this duty?
(3) Was this breach of duty the proximate cause of the injury?
, (4) Did an injury/property damage actually occur?
Public Duty Doctrine Correct Ans - Your duty is to the public, not
any one individual; gives more discreation for arrests; may not be covered
for DV or "special relationships"
Special Relationships Correct Ans - When an officer or entity
assured someone they will do something (like a vacation check); failure to
follow thru may leave officer/entity liable
Limit of Liability for a single bodily injury or death: Correct Ans -
$300,000
Limit of Liability for all bodily injuries/deaths per occurrence: Correct
Ans - $700,000
Limitation of Liability for property damage: Correct Ans - $100,000
Personal Protections Correct Ans - (1) Protected from loss for
damages for which immunity from entity is removed
(2) Protected by statutory limits since 1987 [TCA 29-20-310(c)]
(3) Protected from Punitive Damages; may still be sued but will win the
case
Who may bring suit per 42 USC Section 1983? Correct Ans - Any
citizen or other person
Who qualifies as an "other person" per 42 USC Section 1983? Correct
Ans - Anyone, including non-citizens and illegal aliens
Who may be the defendant per 42 USC Section 1983? Correct Ans -
Any person acting under the color of the law (basically anyone in uniform,
whether on/off duty)
Monell v. NYC Correct Ans - Expanded the definition of "person" to
government agencies/entities/departments, in terms of who could be a
defendant per 42 USC Section 1983
