Valdez v. City of New York, 18 N.Y.3d 74 (2011)
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To establish a special relationship creating municipal liability for failure to provide police protection, a plaintiff must demonstrate justifiable reliance on the municipality’s affirmative undertaking of a duty, and that reliance must be reasonable under the circumstances.
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Summary
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Carmen Valdez sued the City of New York after her estranged boyfriend shot her, arguing the city failed to provide adequate police protection based on a phone conversation with an officer. The New York Court of Appeals held that Valdez did not establish a “special relationship” with the police because her reliance on an officer’s promise to arrest her boyfriend “immediately” was not justifiable. The court emphasized that justifiable reliance requires a reasonable belief that the municipality’s actions warrant a relaxation of vigilance, which was absent in this case. This decision clarifies the elements needed to prove a special relationship and obtain recourse against a municipality.
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Facts
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Carmen Valdez had an active order of protection against her former boyfriend, Felix Perez. She reported to the Domestic Violence Unit that Perez threatened to kill her. Valdez claimed Officer Torres told her to return home and that police would arrest Perez “immediately.” Valdez returned home but did not hear from the police that night, nor did she contact them. The next night, Perez shot and injured Valdez. Valdez sued the City, arguing a special relationship existed creating a duty of care, and the City’s negligence caused the shooting.
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Procedural History
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The case went to a jury trial, which found the City 50% liable and awarded Valdez $9.93 million. The City moved to set aside the verdict, arguing insufficient evidence of a “special relationship.” The trial court upheld the liability verdict but modified the damages. The Appellate Division reversed, finding Valdez failed to establish a special relationship because her reliance on the officer’s promise was not justifiable. Valdez appealed to the New York Court of Appeals based on a two-justice dissent.
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Issue(s)
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Whether Valdez presented sufficient evidence to establish a special relationship with the City of New York, specifically demonstrating justifiable reliance on the police officer’s promise to arrest Perez immediately.
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Holding
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No, because Valdez’s reliance on the officer’s statement that the police would arrest Perez