In a legal action seeking damages for negligence, assault, and battery, the defendants appealed a Suffolk County Supreme Court order dated September 10, 2020. The order denied the defendants’ motion for summary judgment dismissing the causes of action alleging negligence, assault, and battery.
A cause of action for negligence arises when a person breaches their duty to act with reasonable care, resulting in harm or injury to another party. In legal terms, negligence involves the failure to exercise the level of care that a reasonably prudent person would under similar circumstances. To establish a claim of negligence, the plaintiff must demonstrate four key elements: duty, breach of duty, causation, and damages.
On the other hand, a cause of action for assault and battery involves intentional conduct that causes harmful or offensive contact with another person. Assault refers to the threat or attempt to inflict harm, while battery involves actual physical contact. Unlike negligence, which focuses on the failure to exercise reasonable care, assault and battery require intent or intentional conduct on the part of the defendant.
In New York, there is no recognized cause of action for negligent assault or battery. This means that if the only reasonable inference from the evidence is that the defendant’s conduct was intentional, the issue of negligence should not be presented to the jury. New York courts have consistently held that where intentional offensive conduct is established, the defendant may be found liable for assault or battery, but not for negligence. This distinction reflects the legal principle that intentional actions and negligent actions are separate and distinct, each giving rise to different legal consequences.
Background Facts
The plaintiff initiated this action to recover damages for personal injuries allegedly sustained during an altercation with police officers employed by Suffolk County and the Suffolk County Police Department. The incident occurred during the officers’ attempt to arrest the plaintiff’s boyfriend. The plaintiff lawsuit was based on claims of negligence, assault, and battery.
In response to the lawsuit, the defendants moved for summary judgement. The argued to dismiss the complaint. The Supreme Court denied their motion, and the defendants appealed.
Issue
Whether the defendant’s contact with the plaintiff was intentional, such that the issue of negligence should not be submitted to the jury, as New York law does not recognize a cause of action for negligent assault or battery.
Holding
The defendants established their prima facie entitlement to summary judgment on the negligence claim by submitting a transcript of the plaintiff’s testimony at a General Municipal Law § 50–h hearing. In her testimony, the plaintiff described being grabbed, picked up, and thrown to the ground by a police officer, indicating intentional conduct. Therefore, the actor may be found liable for assault or battery, but not negligence. The plaintiff failed to raise a triable issue of fact as to whether her injuries were caused by unintentional conduct.
Discussion
The actions of that the plaintiffs described, if true, amounted to intentional conduct. One does accidentally pick someone up and throw them to the ground. The Supreme Court properly denied summary judgment on the assault and battery claims. Police officers are entitled to qualified immunity on state law claims if their actions are objectively reasonable. Since the determination of reasonableness is an intensely factual question best left for a jury, triable issues of fact remained as to whether the officer’s actions were objectively reasonable under the circumstances.
Conclusion
The court modified the order to grant summary judgment dismissing the negligence claim but affirmed the denial of summary judgment on the assault and battery claims. This case highlights the complexities of claims against police officers and the importance of understanding the nature of the conduct to determine the appropriate legal claims. If you or someone you know has been a victim of police brutality or excessive force, it is important to seek legal advice from an experienced New York police brutality lawyer to understand your rights and options.