Valdez v. City of New York

960 N.E.2d 356 (2011)

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Valdez v. City of New York

New York Court of Appeals
960 N.E.2d 356 (2011)

  • Written by Liz Nakamura, JD

Facts

[Editor’s Note: This brief summarizes the amicus curiae brief filed by the New York City Bar Association. This is not a brief for the New York Court of Appeals’ opinion. The facts included below are limited to those necessary to contextualize the amicus curiae brief.] Carmen Valdez (plaintiff) had an order of protection against her ex-boyfriend, Felix Perez. After Perez threated to kill Valdez, Valdez reported the threat to the police in New York City (defendant). The police assured Valdez that Perez would be arrested immediately for violating the order of protection and encouraged Valdez to return home, which was contrary to Valdez’s original safety plan. The police took no action to arrest Perez. The next day, Perez shot Valdez, resulting in permanent injuries. Valdez sued the city for failing to provide her with adequate police protection. The trial court awarded Valdez damages, finding that the city was negligent. The city appealed, and the appellate court reversed, holding that Valdez had failed to prove that her reliance on the police department for protection was justified. Valdez appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (New York City Bar Association)

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