Price v. City of N.Y.
50
15 Civ. 5871 (KPF) (S.D.N.Y. Jun. 25, 2018)
the state "action was so 'egregious, so outrageous,
that it may fairly be said to shock the
contemporary conscience.'" Pena v. DePrisco, 432
F.3d 98, 112 (2d Cir. 2005) (quoting Cty. of
Sacramento v. Lewis, 523 U.S. 833, 847 n.8
(1998)). It is therefore insufficient to simply allege
that a state actor failed to protect an individual,
even from a known danger of bodily harm, or
failed to warn that individual of such danger. *50
See Collins v. City of Harker Heights, 503 U.S.
115, 125-29 (1992). "This includes dangers arising
from private parties." Estate of M.D. by DeCosmo
v. New York, 241 F. Supp. 3d 413, 425 (S.D.N.Y.
2017) (holding that a father failed to state a
substantive due process claim against government
officials who were aware of complaints of child
abuse by the child's mother's paramour and who
did not prevent the paramour from further harming
the child).
First, Plaintiff may contend that as a frequent
crime victim, she had a "special relationship" with
the NYPD that entitled her to protection from
assault by private parties. This allegation is
insufficient to trigger the "special relationship"
exception. In DeShaney, the Supreme Court stated
that a special relationship, for substantive due
process purposes, springs "from the limitation
which [the government] has imposed on [the
plaintiff's] freedom to act on [her] own behalf."
489 U.S. at 200. For this reason, "involuntary
custody" is "the linchpin of any special
relationship exception." Matican v. City of New
York, 524 F.3d 151, 156 (2d Cir. 2008) (collecting
cases); see also Cruz v. N.Y.C. Hous. Auth., No.
03 Civ. 8031 (RJH), 2004 WL 1970143, at *8
(S.D.N.Y. Sept. 3, 2004) ("[T]he Second Circuit
has . . . only recognized 'custodial relationships
such as a prison and inmate or a mental institution
and involuntarily committed patient, and the
relationship between a social service agency and
foster child' as imposing an affirmative duty to
protect on state actors." (quoting Ying Jing Gan,
996 F.2d at 533)).
As the Supreme Court has explained, the purpose
of the Due Process Clause of the Fourteenth
Amendment is "to protect the people from the
State, not to ensure that the State protected them
from each other." DeShaney v. Winnebago Cty.
Dep't of Soc. Servs., 489 U.S. 189, 196 (1989). "
[N]othing in the language of the Due Process
Clause itself requires the State to protect the life,
liberty, and property of its citizens against
invasion by private actors," id. at 195, and the
language of the Due Process Clause "cannot fairly
be extended to impose an affirmative obligation
on the State to ensure that those interests do not
come to harm through other means," id.
51
It is true that in exceptional circumstances, "a
governmental entity may have a constitutional
obligation to provide protection, either because of
a special relationship with an individual, or
because the governmental entity itself has created
or increased the danger to the individual." Ying
Jing Gan v. City of New York, 996 F.2d 522, 533
(2d Cir. 1993) (citing DeShaney, 489 U.S. at 198).
The Court below examines these two exceptions
to the general DeShaney rule. *51
52
In this case, the alleged harm is Plaintiff's assault
by an unknown person on January 24, 2017.
Plaintiff was not in the government's physical
custody at any time relevant to that assault.
Therefore, the City Defendants' conduct —
allegedly refusing to investigate Plaintiff's reports
of crimes over the past several years — does not
rise to the level of a "limitation on [Plaintiff's]
freedom to act on [her] own behalf." DeShaney,
489 U.S. at 200. The Court therefore finds that
Plaintiff's allegations are insufficient to invoke the
special relationship exception. *52
Second, Plaintiff may contend that the City
Defendants' alleged refusal to process her assault
complaints over the past several years, or
otherwise investigate the crimes against her, "has
created or increased the danger to [her]." Ying Jing
Gan, 996 F.2d at 533 (citing DeShaney, 489 U.S.
at 198). This is commonly referred to as the "statecreated danger" exception. See Dwares v. City of
24
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières