Governmental immunity, sometimes referred to as sovereign immunity, is based on the theory that "government" is an entity immune from being held responsible for its actions or inactions that cause harm, provided the harm was caused while the entity, or its agent, was performing its governmental functions.
In this action presented to the Court of Claims Claimant alleged that he was erroneously listed on New York State's public sex offender registry website after his cousin assumed his name and birth date when registering as a sex offender.*
Claimant asked the Court of Claims of the State of New York grant his motion for summary judgment to resolve the issue but his motion was denied. In contrast the State's motion for summary judgment dismissing Claimant's action was granted by the Court of Claims.
Claimant appealed but the Appellate Division unanimously affirmed the Court of Claims' rulings. The court opined that Claimant's defamation claim was properly dismissed as barred by "governmental function immunity".
In the words of the Appellate Division:
"Claimant's defamation claim was properly dismissed as barred by governmental function immunity (see generally McLean v City of NY, 12 NY3d 194, 199 [2009]). Even if the alleged misconduct was ministerial and not discretionary in nature, [Claimant] has failed to show a special duty (see id. at 199, 202-203; Hephzibah v City of New York, 124 AD3d 442, 443 [1st Dept 2015], lv denied 26 NY3d 903 [2015]). Correction Law §168-r(1) does not create a private right of action on behalf of [Claimant] because he is not within the class of persons it is intended to protect. Indeed, [Claimant] admits that the misconduct at issue did not reflect any discretionary decision-making, which is the subject of the immunity waiver at Correction Law §168-r(1)."
*
Although the error was corrected, Claimant's name continues to be listed as an
alias of his cousin.
Click HERE to access the Appellate Division's decision posted on the Internet.