Ted Graney successfully defended the City of Lockport in a Law Enforcement Liability Claim brought by a plaintiff that sustained a catastrophic neck injury resulting in quadriplegia. The plaintiff brought claims based on negligence, battery and violations of his civil rights under Section 1983.
The Lockport Police Department responded to a call from the home security company and were informed someone was at the home unable to disarm the security system and unable to provide the password over the phone.
When the police arrived they found the plaintiff asleep in a second floor bedroom. They woke him up to confirm he was a resident in the home and to inquire whether there were any problems in the house. The plaintiff got out of bed and the officers realized he was intoxicated. The plaintiff proceeded to walk past the officers and began heading downstairs when he lost his balance and fell to the bottom of the stairs. The plaintiff sustained a catastrophic neck injury resulting in quadriplegia.
The plaintiff alleged he was pushed by one of the officers, and alternatively that the police were negligent in failing to prevent him from trying to walk downstairs in his intoxicated condition after they woke him up.
Summary judgment motions brought by both sides were denied. The Fourth Department, however, vacated the order from special term and granted the City’s motion for summary judgment. The Fourth Department found that the plaintiff could not meet “special relationship test” that applied to the plaintiff’s negligence claim. The Fourth Department also found that the police officers and the City were entitled to protection under the “governmental function immunity” defense. Finally, the court found that plaintiff could not establish a question of fact to support his claims of battery or Section 1983 violations.
Plaintiff’s motions for leave to appeal to the Court of Appeals were denied.