The City of Buffalo and its police department cannot be held liable for improperly retaining an officer who preyed sexually on women he encountered through his duties, a divided state appeals court has ruled.

The 4-1 panel determined that laws and precedents do not allow it to impose the broad responsibility on the city to have foreseen Gregg O’Shei’s potential for misconduct when it hired him or as his employment continued in the 1990s and 2000s.

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