Coleson v. City of New York, 20 N.Y.3d 455 (2013)

A municipality can be held liable for negligence in performing a governmental function only where there is an affirmative undertaking by the municipality, which creates justifiable reliance by the plaintiff; vague assurances of protection, without specific details, are insufficient to establish such reliance.

Summary

This case addresses the circumstances under which a municipality can be held liable for the negligent performance of a governmental function, specifically police protection. The plaintiff, a victim of domestic violence, sued the City of New York, alleging that police assurances of protection led her to justifiably rely on them, resulting in her subsequent injury by her husband. The New York Court of Appeals held that the vague assurances provided by the police did not create a special relationship sufficient to impose liability on the City. The court emphasized the need for specific assurances and justifiable reliance for municipal liability to attach.

Facts

The plaintiff, Coleson, had a history of domestic violence with her husband, Samuel Coleson. Police arrested Samuel, and the court issued an order of protection for the plaintiff. After Samuel’s arrest, a police officer allegedly told the plaintiff that Samuel would be “in prison for a while, not to worry, [she] was going to be given protection.” The officer also contacted the plaintiff later that night, stating that Samuel was being sentenced and that police would “keep in contact.” Subsequently, Samuel was released, and he harmed the plaintiff.

Procedural History

The plaintiff sued the City of New York, alleging negligence. The trial court dismissed the claim. The Appellate Division reversed, finding a triable issue of fact regarding justifiable reliance. The Court of Appeals granted leave to appeal and certified a question from the Second Circuit regarding municipal liability. The Court of Appeals modified the Appellate Division’s order, holding that the vague assurances were insufficient to establish justifiable reliance and remitted the case to the Appellate Division for consideration of other issues.

Issue(s)

Whether vague assurances of protection made by a police officer to a victim of domestic violence, without specific details as to the type or extent of protection, can create a special relationship sufficient to impose liability on the municipality for the victim’s subsequent injury.

Holding

No, because the plaintiff’s reliance on the vague assurances of protection was not justifiable in the absence of a specific undertaking by the police. Liability requires an “affirmative undertaking” that creates justifiable reliance (Cuffy v City of New York, 69 NY2d 255, 260 [1987]).

Court’s Reasoning

The Court of Appeals reasoned that the police officer’s statement that the plaintiff would be given “protection” was too vague to create justifiable reliance. The court emphasized that there was no indication as to the type of protection to be provided, and the plaintiff did not inquire about the specifics. The court distinguished the case from situations where police made specific assurances, such as remaining in the vicinity or providing immediate assistance. The court cautioned against imposing liability based on vague promises, as it could deter police from communicating with victims. The dissent argued that the majority opinion discourages police from making any meaningful communication or action that could be construed as creating a special relationship. Quoting the dissent, statements such as, “It’s going to be okay,” or “We’ll send him away so he doesn’t hurt you again” will undoubtedly be utilized in potential civil suits as examples of assurances that the police made that had no “actual basis.” The court cited Dinardo v City of New York, 13 NY3d 872 (2009), reiterating that only an “affirmative undertaking” that creates justifiable reliance can justify holding a municipality liable for negligence in performing a governmental function. The court distinguished this case from De Long v. County of Erie, 60 NY2d 296 (1983), where a 911 operator’s assurance that help would be there “right away” played a role in the victim’s decision to remain home. The court effectively narrowed the scope of potential municipal liability in domestic violence cases, requiring specific and concrete assurances of protection before a special relationship can be established.