Rice v. New York City Housing Authority

Full title: RICHARD RICE, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 1992

184 A.D.2d 627 (N.Y. App. Div. 1992)

584 N.Y.S.2d 882

Opinion

June 15, 1992

Appeal from the Supreme Court, Kings County (Huttner, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Inadequacy of police training may serve as a basis for municipal liability pursuant to 42 U.S.C. § 1983 only where a city's failure to train reflects deliberate indifference to the rights of persons with whom the police come into contact (see, Canton v Harris, 489 U.S. 378, 387-388). We are satisfied that the plaintiff's amended complaint has failed to allege sufficient facts from which it could be inferred that the respondent's policy constituted a deliberate indifference to the constitutional rights of its inhabitants. The evidentiary material presented by the plaintiff in opposition to the motion to dismiss the amended complaint suffers from a similar defect. Rosenblatt, J.P., Miller, Ritter and Pizzuto, JJ., concur.