Galapo v. City of New York

In Galapo v. City of New York (95 NY2d 568), the Court found that the New York City Police Department's Patrol Guide (the Patrol Guide) "is not a body of law or regulation establishing clear legal duties that should serve as a basis for civil liability of municipalities" and held that the Patrol Guide accordingly did not serve as an adequate predicate upon which to bring a General Municipal Law 205-e claim. The Court reasoned that, even though certain regulations were "couched in mandatory terms," the Patrol Guide was regarded merely as "a guide" to members of the Police Department, rather than as a comprehensive enumeration of "specific action[s] to be taken in each situation encountered by individual officers." (Id. at 575.) The Court recognized that police officers must be accorded a significant degree of professional discretion when facing the myriad of unknowable circumstances that may be encountered in the conduct of their duties and that to permit causes of action to be premised on the Patrol Guide would permit a trier of fact "to second-guess line-of-duty decisions" and deter the adoption of internal rules and regulations. (Id.) In conclusion, the Court held that " General Municipal Law 205-e was not intended to allow suits by fellow officers or their survivors for 'breaches of any and all governmental pronouncements of whatever type.' " (Id. at 576.) The Court held that a plaintiff seeking to impose liability against the City under section 205-e of the General Municipal Law (a statutory cause of action for line of duty injuries resulting from negligent noncompliance with statutes and other governmental regulations) could not base his/her claim on a violation of the New York City Police Department Patrol Guide ( id. at 574-575). The Patrol Guide was found not to be "a body of law or regulation establishing clear legal duties that should serve as a basis for civil liability" ( id. at 575.) Thus, there has been no showing that the actions of the police department were mandated by statute or regulation. Inasmuch as the acts were discretionary, no cause of action lies.