Practice point: Unlike on a claim pursuant to 42 USC § 1983, a municipality may be vicariously liable on a state law assault and battery claim for torts committed by a police officer under a theory of respondeat superior.
Student note: Public policy bars claims for intentional infliction of emotional distress against a governmental entity.
Case: Eckardt v. City of White Plains , NY Dept. 2011
Tomorrow’s issue: Service of process.
