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May 29, 2018

Employer not liable for damages from an injury resulting from their superiors' exercising poor judgment


Employer not liable for damages from an injury resulting from their superiors' exercising poor judgment
Buckley v City of New York, 176 A.D.2d 207
[Decided with Coulter v City of New York]

Two New York City police officers sued the City to recover money damages for injuries they suffered while confronting a criminal suspect.

Their theory for recovery was that the City was negligent because "standard operating procedures" were not followed in an earlier attempt to arrest a suspect. Buckley and Coulter contended this failure to follow "standard operating procedures" resulted in their suffering injuries when they attempted to arrest the suspect some time later.

The Appellate Division dismissed their appeal, noting that "police officers may not recover monetary damages for the exercise of poor judgment on the part of their superiors in the exercise of their duties."

Although Buckley and Coulter, in the alternative, contended that they were entitled to recover under the provisions of §205-e of the General Municipal Law, the court ruled that §205-e applied only in cases involving the "negligent failure to comply with requirements regarding the maintenance and safety of [a] premises." As there was no allegation that their injuries were the result of such a failure, the Appellate Division held that §205-e was inapplicable insofar as recovery for their injuries was concerned.

The decision is posted on the Internet at:

NEW YORK PUBLIC PERSONNEL LAW ELECTRONIC HANDBOOKS

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State. For more information click on http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - Determining an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

Disability Benefits for fire, police and other public sector personnel - Addresses retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information click on http://booklocker.com/books/3916.html

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Text prepared by Harvey Randall except as otherwise noted. Randall, former Principal Attorney, New York State Department of Civil Service, also served as Director of Personnel for the State University System; as Director of Research, Governor’s Office of Employee Relations; and as Staff Judge Advocate General, New York Guard. He has an MPA from the Maxwell School, Syracuse University and a J.D. from Albany Law School.