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 should not  be set aside.  The NYPD patrol guide states that deadly force should only be used against the occupants of a moving vehicle if they are using deadly force against the officer or 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 said 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.   Click the link to read more about this NYPD negligence case.

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