New York Court of Appeals Roundup: Municipality Owes Special Duty When Executing No-Knock Search Warrant
04.19.22
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In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III discuss Ferreira v. City of Binghamton, in which the New York Court of Appeals answered a certified question from the Second Circuit concerning the showing that a plaintiff must make in order to hold a municipality liable when its police force negligently plans and executes a no-knock search warrant. In a majority opinion, the court held that the plaintiff must establish that a municipality owes her or him a special duty as opposed to an ordinary duty, but that a special duty always exists where a municipality’s police force plans and executes a no-knock search warrant.
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