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Turczyn ex rel McGregor v. City of Utica

2014 WL 6685476 (2014)

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Turczyn ex rel McGregor v. City of Utica

United States District Court for the Northern District of New York
2014 WL 6685476 (2014)

  • Written by Haley Gintis, JD

Facts

Kylie Ann Turczyn (plaintiff) filed between five and 10 complaints with the domestic-violence investigator, Elizabeth Shanley (defendant), of the City of Utica Police Department (the department) (defendant). Turczyn informed Shanley that her former boyfriend, Thomas Anderson, had repeatedly threatened to kill her. Neither Shanley nor the department took any protective action. On June 22, Anderson broke into Turczyn’s home and fatally shot her and then himself. The administratix of Turczyn’s estate, Barbara McGregor (plaintiff), filed an action in federal district court against Shanley, the city of Utica (the city) (defendant), and the department (collectively, the government). The court dismissed the claims against the department because the department’s legal existence was not separate from the city. The court then considered the government’s motion to dismiss McGregor’s 42 U.S.C. § 1983 claim, which alleged that Shanley and the city had violated Turczyn’s substantive-due-process rights by not offering her protection and failing to adequately train the officers.

Rule of Law

Issue

Holding and Reasoning (Sharpe, C.J.)

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Casebooks

Domestic Violence Law

Key Terms