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.
If you have questions, please do not hesitate to call me at 516 248 0040.
You can also email me at firstname.lastname@example.org
Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.
Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.
Twitter feed: @dqlawyer
nypd psychological disqualification appeal / nypd disqualification appeal lawyer / nypd psych appeal success rate / nypd psych disqualification reasons / nypd disqualification list / appealing nypd psychological / nypd nopd appeal success rate / nypd character disqualification
For more information about my law firm sheerinlaw.com