An off-duty NYPD detective fired his weapon at a vehicle but the driver was not struck nor harmed. The officer and City were found not liable after trial.

The Appellate Division, First Department affirmed the lower court’s ruling that the verdict for the defendant’s should not  be set aside.  The NYPD patrol guide states that deadly force should only be used against the occupants of a moving vehicle are using deadly force against the officer of others by means "other than the vehicle." 

The reviewing court held that the detective was justified in the use of force because he fired two shots before the driver drove the vehicle towards the same detective almost hitting him. The decision of the Firearms Discharge Review Board that the detective violated the Patrol Guide was not a precedent for the negligence trial in Supreme Court.   Read about this NYPD negligence case

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