New York City Not Liable to Bystanders Shot By Police During Daylight Exchange of Gunfire on Public Street

In the Court of Appeals decision in Johnson v. City of New York, 2010 WL 4720753 (November 23, 2010), five police officers got into a shootout with a robbery suspect at 126th Street and Lenox Avenue in Manhattan.

Plaintiff Tammy Johnson was playing with her 18-month-old daughter and socializing with neighbors on 126th Street near her residence when she heard gunshots, and she and her daughter took cover by lying on the ground behind an SUV. An errant bullet struck Johnson’s elbow, and she commenced a negligence action against the City on behalf of herself and her daughter.

A … Read the rest

South Carolina Judge Rules that Mayor Bloomberg’s “Sting” to Reduce Guns on NYC Streets Could be Considered Extreme and Outrageous

A South Carolina judge has ruled that counter suits by a South Carolina gun dealer against Mayor Michael R. Bloomberg and New York City over tactics used against out-of-state gun dealers, accusing Mr. Bloomberg and the city of, among other charges, conspiracy, fraud and defamation by speaking ill of them in the press, can go ahead. The ruling allows Mr. Bloomberg to be sued in his private capacity and thus be potentially personally liable for damages. The judge also ordered that Mayor Bloomberg sit for a deposition in New York.

The counter suit was filed in response to city lawsuits … Read the rest