Filed: Jan. 03, 2017
Latest Update: Jan. 03, 2017
Summary: Supreme Court correctly dismissed the fifth cause of action alleging negligence, since the allegations, to the extent not conclusory, allege intentional torts, not negligence ( Salemeh v Toussaint, 25 A.D.3d 411 , 412 [1st Dept 2006]; accord Smiley v North Gen. Hosp., 59 A.D.3d 179 , 180 [1st Dept 2009]). Also, the complaint does not state a cause of action for negligent hiring, retention, training, or supervision, and plaintiff may not rely on such a theory on appeal to save his negligence
Summary: Supreme Court correctly dismissed the fifth cause of action alleging negligence, since the allegations, to the extent not conclusory, allege intentional torts, not negligence ( Salemeh v Toussaint, 25 A.D.3d 411 , 412 [1st Dept 2006]; accord Smiley v North Gen. Hosp., 59 A.D.3d 179 , 180 [1st Dept 2009]). Also, the complaint does not state a cause of action for negligent hiring, retention, training, or supervision, and plaintiff may not rely on such a theory on appeal to save his negligence ..
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Supreme Court correctly dismissed the fifth cause of action alleging negligence, since the allegations, to the extent not conclusory, allege intentional torts, not negligence (Salemeh v Toussaint, 25 A.D.3d 411, 412 [1st Dept 2006]; accord Smiley v North Gen. Hosp., 59 A.D.3d 179, 180 [1st Dept 2009]). Also, the complaint does not state a cause of action for negligent hiring, retention, training, or supervision, and plaintiff may not rely on such a theory on appeal to save his negligence claim (Davila v City of New York, 95 A.D.3d 560, 561 [1st Dept 2012]).
Supreme Court also correctly dismissed the sixth cause of action alleging civil rights violations. A municipality may not be held vicariously liable for constitutional violations pursuant to 42 USC § 1983, but rather may only be liable pursuant to the statute where the municipality itself caused the constitutional violation through an official policy or custom (Monell v New York City Dept. of Social Servs., 436 U.S. 658, 694 [1978]; Leftenant v City of New York, 70 A.D.3d 596, 597 [1st Dept 2010]). Plaintiff's complaint failed to allege any such custom or practice; defendant police officers' testimony cited by plaintiff does not describe a policy or custom of detaining working taxi drivers for psychiatric evaluations.
We have considered plaintiff's remaining contentions and find them unavailing.
