ALVORD, J.
The plaintiff, Orville Coley, administrator of the estate of Lorna Coley,
The following facts, viewed in the light most favorable to the plaintiff,
Williams lived at 47 Bolton Street with her son, a friend and Williams' mother, Coley. On the evening in question, Coley had arrived at the house in her car and observed Chapdelaine threatening Williams' life and brandishing a firearm in the front yard. Coley told Chapdelaine that she would call the police if he did not leave. He responded, "call the cops," and she drove away. By the time she returned, officers Fancher and Freeto had arrived at 47 Bolton Street in response to Williams' call, but Chapdelaine was no longer present. The officers spoke with neighbors and went to Chapdelaine's residence at 51 Bolton Street, but they were unable to find him. Williams informed the officers that Chapdelaine's car was illegally parked at 55 Bolton Street, and officers ticketed the vehicle and had it towed. The officers also learned that Williams had a protective order against Chapdelaine prohibiting him from threatening or harassing her, entering her dwelling or having any other contact with her. Hartford police were aware of the protective order and
Unable to locate Chapdelaine, and aware that he had allegedly committed a family violence crime by violating a protective order, Fancher and Freeto left Bolton Street to prepare an arrest warrant. Approximately three hours later, at about 12:05 a.m., officers were again dispatched to 47 Bolton Street, this time in response to a report that a male was attempting to force entry into the residence. The police determined that the two reported incidents at 47 Bolton Street were related, and, upon arrival at the scene, heard screams coming from the second floor. After setting up a perimeter and entering the residence, police discovered that Coley had been shot and killed.
On July 9, 2008, the plaintiff was appointed as the administrator of the estate of his sister, Coley, and he continues to act in that capacity. On November 17, 2009, the plaintiff filed a lawsuit against the city, in his capacity as administrator, alleging that the city's police officers were negligent in their failure to (1) arrest Chapdelaine in violation of General Statutes § 46b-38b (a); (2) remain at the scene for a reasonable amount of time to ensure the likelihood of further imminent violence had been eliminated in violation of § 46b-38b (d); and (3) follow the Hartford police department's internal police response procedures for responding to cases of family violence (police response procedures).
On appeal, the plaintiff's sole claim is that there is a genuine issue of material fact as to whether Fancher and Freeto had a ministerial or a discretionary duty to remain at 47 Bolton Street.
"We begin by setting forth the appropriate standard of review. Because the present case was disposed of by way of summary judgment, we first address the appropriate framework for appellate review of a summary judgment determination. Practice Book § 17-49 provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (Internal quotation marks omitted.) Sokaitis v. Bakaysa, 293 Conn. 17, 21-22, 975 A.2d 51 (2009). "In reviewing a trial court's ruling on a motion for summary judgment when the material facts are undisputed, we must decide whether the trial court erred in concluding that the moving party was entitled to judgment as a matter of law." (Internal quotation marks omitted.) McAuley v. Southington Savings Bank, 69 Conn.App. 813, 818, 796 A.2d 1250, cert. denied, 261 Conn. 903, 802 A.2d 853 (2002). "Our review of the trial court's decision to grant the defendant's motion for summary judgment is plenary." (Internal quotation marks omitted.) Sokaitis v. Bakaysa, supra, at 22, 975 A.2d 51.
"Negligence is a breach of duty.... It is important to distinguish between the existence of a duty and the violation of that duty.... To sustain a cause of action, the court must determine whether the defendant owed a duty to the plaintiff's decedent.... The existence of a duty is a question of law.... Only if such a duty is found to exist does the trier of fact then determine whether the defendant violated that duty in the particular situation at hand." (Citations omitted; internal quotation marks omitted.) Shore v. Stonington, 187 Conn. 147, 151-52, 444 A.2d 1379 (1982). "The issue of governmental immunity is simply a question of the existence of a duty of care, and this court has approved the practice of deciding the issue of governmental immunity as a matter of law...."
"General Statutes § 52-557n abandons the common-law principle of municipal sovereign immunity and establishes the circumstances in which a municipality may be liable for damages." Doe v. Petersen, 279 Conn. 607, 614, 903 A.2d 191 (2006). The first part of the statute provides for the possibility that a municipality may be liable for negligently performed ministerial acts by stating that "a political subdivision of the state shall be liable for damages to person or property caused by... (A) [t]he negligent acts or omissions of such political subdivision or any employee,
"A municipality is immune from liability for the performance of ... acts [that] are performed wholly for the direct benefit of the public and are supervisory or discretionary in nature.... On the other hand, ministerial acts are performed in a prescribed manner without the exercise of judgment or discretion as to the propriety of the action." (Internal quotation marks omitted.) Gordon v. Bridgeport Housing Authority, 208 Conn. 161, 167-68, 544 A.2d 1185 (1988). "The hallmark of a discretionary act is that it requires the exercise of judgment.... In contrast, [m]inisterial refers to a duty which is to be performed in a prescribed manner without the exercise of judgment or discretion." (Internal quotation marks omitted.) Violano v. Fernandez, 280 Conn. 310, 318, 907 A.2d 1188 (2006). In order to create a ministerial duty, there must be a "city charter provision, ordinance, regulation, rule, policy, or any other directive [compelling a municipal employee] to [act] in any prescribed manner." Id., at 323, 907 A.2d 1188.
While the threshold inquiry in determining whether a duty is ministerial or discretionary is whether there exists a directive compelling a municipality or its agent to act in a prescribed manner, the existence of such a directive alone is not necessarily sufficient to create a duty. For example, a directive can only create a duty to an individual if the individual is a member of the class of people the directive sought to protect. See Ward v. Greene, 267 Conn. 539, 548, 839 A.2d 1259 (2004) ("in determining whether a duty of care is owed to a specific individual under a statute, the threshold inquiry ... is whether the individual is in the class of persons protected by the statute"). "In an action for neglect of duty it is not enough for the plaintiff to show that the defendant neglected a duty imposed by statute, and
"[T]he great weight of authority [states] that the operation of a police department is a discretionary governmental function." Gordon v. Bridgeport Housing Authority, supra, 208 Conn. at 179, 544 A.2d 1185. The plaintiff in this case attempts to circumvent that authority by relying on specific directives rather than general operating principles to form an argument that the city breached a duty to Coley. The plaintiff first relies on § 46b-38b (d), which commences by setting forth four measures that officers must take to assist the victim when responding to an incident of family violence. The plaintiff does not allege that the officers failed to comply with any of those directives. Instead, the plaintiff directs our attention to the provision stating that "[i]n cases where the officer has determined that no cause exists for an arrest, assistance shall include... (B) remaining at the scene for a reasonable time until, in the reasonable judgment of the officer, the likelihood of further imminent violence has been eliminated." (Emphasis added.) General Statutes § 46b-38b (d). The plaintiff argues that this part of the statute imposed a duty upon the officers to remain at the scene. We disagree. The condition precedent, that the officer determine there is no cause for arrest, did not occur in this case. In fact, it is undisputed that Fancher and Freeto determined that, due to a violation of a protective order, Chapdelaine should be arrested. They attempted to locate him, and when they could not find him at the scene, his residence or his vehicle, the officers left Bolton Street with the intention of obtaining an arrest warrant. Because the condition precedent did not occur, this subsection of the statute is wholly inapplicable, and therefore can not create either a ministerial or a discretionary duty.
The plaintiff next argues that a directive within the city's police response procedures created a ministerial duty owed to Coley.
The directive in question, found beneath the heading "Victim Safety," was promulgated to ensure the safety of victims. The directive makes reference to P.A. 86-337, entitled "An Act Concerning Family Violence Prevention and Response." "The legislative history of [P.A. 86-337] makes clear that its primary purpose was to implement a comprehensive system that would most effectively intervene in instances of domestic violence to protect victims from further harm ... creating many procedural safeguards and services, both for victims of family violence and offenders, that had not before been available in this state." State v. Fernando A., 294 Conn. 1, 53-54, 981 A.2d 427 (2009). Any duty created through this statutory scheme would therefore be owed to the victim of the family violence.
The judgment is affirmed.
In this opinion the other judges concurred.