Dorsey v. City of Poughkeepsie

In Dorsey v. City of Poughkeepsie, 275 A.D.2d 386 [2d Dept 2000] plaintiff commenced causes of action against a police officer and municipality for injury suffered for an alleged high speed police pursuit of a suspected lawbreaker. The Court affirmed dismissal of the complaint against the municipal defendant based upon a determination that the failure to call off the pursuit, by supervisory personnel, constituted a discretionary decision, and therefore, such defendant was immune from tort liability (275 A.D.2d at 387.) The dismissal of the complaint against the police officer was also affirmed by the Court, but not on the basis of governmental immunity. In essence, the Court found that evidence that the police officer may have been speeding, during some part of the pursuit, was insufficient to constitute reckless conduct under the standards set forth in Saarinen v. Kerr.