Off-Duty Corrections Officer Was Acting in Scope of Employment in Road Rage Incident, Judge Finds
A federal judge has rejected New York City government lawyers' bid to extinguish a lawsuit over its alleged liability in a road rage incident involving an off-duty corrections officer who chased down two Brooklyn residents in his car and brandished a handgun.
December 19, 2017 at 05:42 PM
3 minute read
U.S. District Judge William F. Kuntz II of the Eastern District of New York.
A federal judge has rejected New York City government lawyers' bid to extinguish a lawsuit over its alleged liability in a road rage incident involving an off-duty corrections officer who chased down two Brooklyn residents in his car and brandished a handgun.
U.S. District Judge William Kuntz II of the Eastern District of New York denied the city's motion for summary judgment aimed at dismissing a lawsuit now set to go to trial in which the plaintiffs said that, on June 26, 2014, Bruce Sutton, a former New York City Department of Correction employee, pursued them in his Mercedes-Benz, stopped them and demanded to see their identification.
Sutton repeatedly pointed a firearm at plaintiffs Yolma Haylett and Kenneth Eastmond during the incident, Kuntz's decision stated, which occurred at about 1 p.m. in the East New York section of Brooklyn after the plaintiffs said they passed Sutton while he was stopped at the scene of an accident. They allege that Sutton followed them for a mile.
The city moved to dismiss the suit on the grounds that Sutton, who was off-duty at the time of the road rage incidents, was acting outside the scope of his employment and that the plaintiffs failed to show that the city was negligent in its hiring, training and retaining of Sutton.
But Kuntz disagreed, noting that one of the city's agencies concluded that Sutton was acting within the scope of his employment during the incident, that he flashed his badge at the plaintiffs and that he made an officer in need of assistance call.
“A reasonable jury could easily conclude that such actions were taken to further the city's interest or to carry out law enforcement duties incumbent upon Sutton,” the judge said in a ruling issued on Monday.
Gabriel Harvis of Harvis & Fett, who represented the plaintiffs, said that Kuntz's ruling could help clarify the law regarding municipal liability for off-duty employee conduct.
Assistant Corporation Counsel Elissa Jacobs and Tobias Zimmerman appeared for the city. Nicholas Paolucci, a spokesman for the city's Law Department, said the city is disappointed with the ruling.
“We will continue to defend our position that as a matter of law the city should not be held liable for the actions of an employee acting outside the scope of his employment,” he said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMayor's Advisory Committee To Hold Hearing on Fitness of Judicial Candidates
2 minute readMayor's Advisory Committee To Hold Hearing on Fitness of Judicial Candidates
1 minute readTrending Stories
- 1Legal Speak at General Counsel Conference East 2024: Virginia Griffith, Director of Business Development at OutsideGC
- 2Legal Speak at General Counsel Conference East 2024: Bill Tanenbaum, Partner & Chair, AI & Data Law Practice Group at Moses Singer
- 3Morgan & Morgan Looks to Grow Into Complex Litigation While Still Keeping its Billboards Up
- 4Thursday Newspaper
- 5Public Notices/Calendars
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250