Sorichetti v. City of New York, 65 N.Y.2d 461 (1985)
A municipality can be held liable for failure to provide adequate police protection when a special relationship exists between the municipality and the injured party, arising from a protective order, police knowledge of the assailant’s violent history, responses to pleas for assistance, and reasonable expectations of police protection.
Summary
Dina Sorichetti and her mother, Josephine, sued the City of New York, alleging negligence by the police department for failing to protect Dina from her father, Frank, who violated a Family Court order of protection. The New York Court of Appeals held that a special relationship existed between the City and Dina, based on the order of protection, the police’s knowledge of Frank’s violent history, Josephine’s pleas for help, and her reasonable expectation of police protection. The court found that the police’s failure to act reasonably under these circumstances could establish municipal liability.
Facts
Josephine Sorichetti had a history of abuse from her husband, Frank, leading to multiple orders of protection. On November 6, 1975, a final order of protection granted Frank visitation rights with their daughter, Dina, with pick-up and drop-off at the 43rd precinct. On November 8, Frank threatened Josephine and Dina. On November 9, when Frank was late returning Dina, Josephine pleaded with officers at the 43rd precinct to pick up Dina, presenting the order of protection and detailing Frank’s violent history. Despite Officer Hobbie’s warning to Lieutenant Granello that Frank was a violent man, Granello dismissed the order of protection as “only a piece of paper” and told Josephine to wait. Frank attacked Dina shortly thereafter, causing severe injuries. Frank was later convicted of attempted murder.
Procedural History
The plaintiffs sued the City of New York. Special Term denied the City’s motion to dismiss. A jury found in favor of the plaintiffs. The Appellate Division modified the award. The City appealed to the New York Court of Appeals.
Issue(s)
Whether a special relationship existed between the City of New York and Dina Sorichetti such that the City owed her a duty of care to protect her from her father’s violence, based on the order of protection, the police department’s knowledge of Frank Sorichetti’s violent history, the response to Josephine Sorichetti’s pleas for assistance, and Mrs. Sorichetti’s reasonable expectation of police protection?
Holding
Yes, because the order of protection, combined with the police’s knowledge of Frank’s violent history, their response to Josephine’s pleas for assistance, and her reasonable expectation of police protection, created a special relationship between the City and Dina, giving rise to a duty of care.
Court’s Reasoning
The Court of Appeals reasoned that a municipality is generally not liable for failure to provide adequate police protection absent a special relationship with the injured party. This case presented such a special relationship. The court emphasized that Family Court Act § 168 provides authority for peace officers to take into custody those who violate orders of protection, obligating officers to investigate alleged violations. The order of protection, along with police knowledge of Frank’s history, Josephine’s pleas for help, and the Lieutenant’s assurances created a reasonable expectation of protection. The court distinguished this case from Riss v. City of New York, noting that in Riss, the assailant was unknown to the police and had not previously indicated a likelihood of violence. Here, the police were well aware of Frank Sorichetti’s violent propensities. The Court noted: “When the police are made aware of a possible violation, they are obligated to respond and investigate, and their actions will be subject to a ‘reasonableness’ review in a negligence action.” The court concluded that the jury could properly consider whether the police conduct satisfied the duty of care owed to Dina.