Court of Appeals of New York
Johnson v. City of N.Y., 192
In an action claiming that defendant-officers negligently discharged their firearms in violation of department guidelines, the dismissal of the complaint is affirmed where it was uncontroverted that all of the officers who fired at the suspect did so when they had a clear view of him, and all testified that they did not see any bystanders in the area while firing, such that it could not be said that the officers failed to exercise discretion in discharging their weapons.
Appellate Information
- Decided 11/23/2010
- Published 01/03/2011
Judges
- Eugene F. Pigott
Court
- Court of Appeals of New York
Counsel
- For Appellant:
- Barry A. Gutterman, Susan Paulson