Mastroianni v. County of Suffolk
New York Court of Appeals
691 N.E.2d 613 (1997)
- Written by Jamie Milne, JD
Facts
A protective order barred Anthony Swiggett from having any contact with his wife, Adell Swiggett, or the couple’s children. The order, which was based on domestic violence, also prohibited Anthony from approaching the family residence in Suffolk County (the county) (defendant). A copy of the order was sent to the county’s police department. Two weeks later, Anthony was arrested for violating the order. A few months later, Adell reported another violation, claiming Anthony had entered the house and thrown her furniture into the yard. Police officers met Adell at her mother’s house, then accompanied Adell to the family residence. Anthony was visiting one of Adell’s neighbors. He denied entering Adell’s house or moving the furniture, and there were no witnesses. The officers’ supervisor said that they could not arrest Anthony unless they witnessed him actively violating the order. The officers assured Adell they would do everything they could and warned Anthony that any additional issues would result in arrest. The officers remained nearby, watching Adell take her furniture inside and then investigating an unrelated issue across the street. Eventually, they left to get food. Less than 10 minutes later, Adell was fatally stabbed. The officers found Anthony covered in blood. Anthony Mastroianni (plaintiff), on behalf of the deceased Adell, sued the county, alleging that the county’s police department breached its duty of care. The county moved for summary judgment, arguing that it did not owe Adell a duty of care. The trial court granted the county’s motion, and the appellate division affirmed. Mastroianni appealed to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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