Friday, March 23, 2012

RISS V. NYC case brief


• P had sought police protection from her ex boyfriend who was stalking and threatening her
Court says police are not liable – no duty to rescue
• Issue of resource allocation: court does not want to get into the business allocating city resources – that’s for the legislature
As a general rule, there is no police deployment with respect to individuals
• Court does not want to be in charge of the deployment practices of NYPD
• Dissent argues that its not a resource allocation problem because courts hold other divisions of municipalities liable for other kinds of -city services (highways); also, causation is also an issue to consider, regardless of duty)

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