Practice point: As a general rule, a municipal defendant is immune from liability for conduct involving the exercise of discretion and reasoned judgment.
Practitioners should note that the judgment error rule does not immunize municipal defendants when an innocent bystander is injured by a police officer’s action in an altercation involving a violation of department guidelines governing the use of deadly force.
Case: Johnson v. City of New York, NY Slip Op 06225 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Property.
