CFA Legal Authority & Use of Force 2 — Questions and Answers
Question 1: The Supreme Court case Graham v. Connor established that use of force by law enforcement must be evaluated under which constitutional standard?
- Subjective good faith of the officer
- Objective reasonableness under the Fourth Amendment (Correct answer)
- Strict scrutiny under the Fourteenth Amendment
- Preponderance of evidence standard
Correct answer: Objective reasonableness under the Fourth Amendment
Graham v. Connor (1989) held that excessive force claims are analyzed under the Fourth Amendment's objective reasonableness standard, not subjective intent.
Question 2: Under Tennessee v. Garner, when may an officer use deadly force to stop a fleeing suspect?
- Whenever the suspect refuses to stop after a verbal command
- Only when the suspect has committed a misdemeanor
- When there is probable cause the suspect poses a significant threat of death or serious injury (Correct answer)
- Whenever a felony arrest warrant has been issued
Correct answer: When there is probable cause the suspect poses a significant threat of death or serious injury
Tennessee v. Garner limits deadly force on fleeing suspects to situations where the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury.
Question 3: Which factor is NOT one of the Graham v. Connor factors used to assess force reasonableness?
- Severity of the crime at issue
- Whether the suspect poses an immediate threat
- The officer's years of service and training level (Correct answer)
- Whether the suspect is actively resisting or evading arrest
Correct answer: The officer's years of service and training level
The three Graham factors are: crime severity, immediate threat posed, and active resistance/evasion — officer experience is not a Graham factor.
Question 4: A field agent confronts an unarmed subject who is verbally hostile but not physically aggressive. What is the most appropriate initial response?
- Deploy pepper spray immediately to maintain control
- Use verbal de-escalation and maintain safe distance (Correct answer)
- Place the subject in handcuffs as a precaution
- Request backup before any interaction
Correct answer: Use verbal de-escalation and maintain safe distance
Verbal de-escalation is the appropriate response to verbal hostility without physical threat, consistent with use-of-force continuum principles.
Question 5: 42 U.S.C. § 1983 allows individuals to sue government officials for which type of violation?
- Breach of contract in their official capacity
- Deprivation of constitutional rights under color of law (Correct answer)
- Negligence causing personal injury
- Wrongful termination from government employment
Correct answer: Deprivation of constitutional rights under color of law
Section 1983 provides a civil cause of action against persons who deprive others of federally protected rights while acting under color of state law.
Question 6: Which doctrine provides government officials protection from civil liability when their conduct does not violate clearly established law?
- Sovereign immunity
- Qualified immunity (Correct answer)
- Absolute immunity
- Official capacity immunity
Correct answer: Qualified immunity
Qualified immunity shields government officials from civil liability unless their conduct violated a clearly established statutory or constitutional right.
Question 7: When assessing force used, courts evaluate the perspective of:
- A legal scholar reviewing the incident in hindsight
- A reasonable officer on the scene with the same information (Correct answer)
- The suspect's perspective of events
- A senior supervisor reviewing the after-action report
Correct answer: A reasonable officer on the scene with the same information
Courts assess force from the perspective of a reasonable officer on the scene, allowing for the tense, rapidly evolving circumstances officers face.
CFA Legal Authority & Use of Force 2
The Supreme Court case Graham v.
Connor established that use of force by law enforcement must be evaluated under which constitutional standard?