McCormick v. City of New York, 8 N.Y.3d 355 (2007)
To establish liability against an employer or co-employee under General Municipal Law § 205-e for injuries sustained by a police officer, the plaintiff must demonstrate a violation of a statute imposing clear duties, and a rebuttable presumption exists that the Penal Law has not been violated if no criminal charges were brought.
Summary
These consolidated appeals concern wrongful death claims brought under General Municipal Law § 205-e following the deaths of three New York City police officers. In McCormick, an officer was killed during a drug raid by friendly fire. In Williams, two officers were killed by a prisoner who obtained a weapon from an unsecured locker. The New York Court of Appeals held that while the Penal Law can serve as a predicate for § 205-e liability, the plaintiff in McCormick failed to prove a Penal Law violation. The court also held that Labor Law § 27-a did not apply to the uniquely dangerous aspects of police work, and thus the plaintiff in Williams also failed to prove a violation. Thus, in both cases, the claims were dismissed.
Facts
McCormick: During a no-knock drug raid, Officer Huvane encountered a pregnant woman, Perez, with a gun. A struggle ensued, and both Huvane and Perez fired their weapons. Sergeant McCormick was fatally struck by a bullet fired during the confrontation. Perez was charged with crimes related to the incident, but was acquitted of all crimes related to McCormick’s death, except for criminal possession of a weapon.
Williams: Detectives Williams and Guerzon transported a prisoner, Harrison, to the DA’s office. Harrison, while handcuffed, managed to retrieve a revolver from an unsecured locker in the detention area. On the return trip to Rikers Island, Harrison shot and killed Williams and Guerzon. Harrison was convicted of murder.
Procedural History
McCormick: The Supreme Court granted summary judgment to the City, finding the officers were justified in using deadly force. The Appellate Division affirmed, holding that an unproven Penal Law violation cannot support a § 205-e claim.
Williams: The jury found the City liable for violating Labor Law § 27-a and Administrative Code provisions. The Appellate Division reversed, finding no evidence the locker room was maintained unsafely and that Labor Law § 27-a did not apply to the use of the room.
Issue(s)
1. Whether alleged violations of the Penal Law can serve as a predicate for liability under General Municipal Law § 205-e.
2. Whether Labor Law § 27-a and Administrative Code provisions can serve as a predicate for liability under General Municipal Law § 205-e where police officers were killed by a prisoner who obtained a weapon from an unsecured locker.
Holding
1. Yes, because a claim may be predicated on a violation of those Penal Law sections that prohibit specific acts; however, in the absence of a criminal conviction, a rebuttable presumption exists that the Penal Law has not been violated.
2. No, because Labor Law § 27-a does not cover the special risks faced by police officers, and the Administrative Code provisions do not apply to the facts presented.
Court’s Reasoning
The Court of Appeals analyzed the requirements for a claim under General Municipal Law § 205-e, emphasizing the need to identify a statute or ordinance with which the defendant failed to comply. The court clarified that while the statute’s language is broad, it cannot be applied literally. A police officer must demonstrate injury resulting from negligent noncompliance with a clear duty imposed by a well-developed body of law.
Regarding the Penal Law, the court held that while justification defenses alone cannot form the basis of a § 205-e claim, violations of specific Penal Law sections prohibiting certain acts can. However, the court established a rebuttable presumption that the Penal Law has not been violated if no criminal charges were brought against the defendant. In this case, the plaintiff failed to rebut this presumption with compelling evidence demonstrating a material question of fact as to whether the conduct was criminal and not justified. The officers acted in self-defense when confronted with a suspect wielding a gun.
Regarding Labor Law § 27-a, the court reasoned that this provision, designed to provide public employees with workplace protections similar to those in the private sector, does not extend to the unique risks inherent in police work. The court stated, “We think it highly unlikely that the Legislature intended the general language of section 27-a to authorize Department of Labor inspectors enforcing PESHA to second-guess the decisions of police supervisors” regarding sensitive matters like weapons storage and prisoner detention. The court distinguished this case from Balsamo v. City of New York, noting that the injury in Williams arose from risks unique to police work, not from a general workplace hazard.