Rice v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Rice v. New York City Housing Authority

184 A.D.2d 627, 584 N.Y.S.2d 882, 1992 N.Y. App. Div. LEXIS 8056

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1992

StatusPublished

This text of 184 A.D.2d 627 (Rice v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rice v. New York City Housing Authority, 184 A.D.2d 627, 584 N.Y.S.2d 882, 1992 N.Y. App. Div. LEXIS 8056 (N.Y. Ct. App. 1992).

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Opinion

In an action, inter alia, to recover damages for unlawful arrest and violation of 42 USC § 1983, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Huttner, J.), dated March 28, 1990, as granted the cross motion of defendant New York City Housing Authority to dismiss the amended complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

Inadequacy of police training may serve as a basis for municipal liability pursuant to 42 USC § 1983 only where a city’s failure to train reflects deliberate indifference to the rights of persons with whom the police come into contact (see, Canton v Harris, 489 US 378, 387-388). We are satisfied that the plaintiff’s amended complaint has failed to allege sufficient facts from which it could be inferred that the respondent’s policy constituted a deliberate indifference to the constitutional rights of its inhabitants. The evidentiary material presented by the plaintiff in opposition to the motion to dismiss the amended complaint suffers from a similar defect. Rosenblatt, J. P., Miller, Ritter and Pizzuto, JJ., concur.

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In an action, inter alia, to recover damages for unlawful arrest and violation of 42 USC § 1983, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Huttner, J.), dated March 28, 1990, as granted the cross motion of defendant New York City Housing Authority to dismiss the amended complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

Inadequacy of police training may serve as a basis for municipal liability pursuant to 42 USC § 1983 only where a city’s failure to train reflects deliberate indifference to the rights of persons with whom the police come into contact (see, Canton v Harris, 489 US 378, 387-388). We are satisfied that the plaintiff’s amended complaint has failed to allege sufficient facts from which it could be inferred that the respondent’s policy constituted a deliberate indifference to the constitutional rights of its inhabitants. The evidentiary material presented by the plaintiff in opposition to the motion to dismiss the amended complaint suffers from a similar defect. Rosenblatt, J. P., Miller, Ritter and Pizzuto, JJ., concur.

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Bluebook (online)

184 A.D.2d 627, 584 N.Y.S.2d 882, 1992 N.Y. App. Div. LEXIS 8056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-new-york-city-housing-authority-nyappdiv-1992.

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