TortsII-Immunities-StateAndLocalGov-DeLong_v_ErieCounty

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DeLong v. Erie County, NY Supreme Court, 1982 Is the Police and 911 operator protected by Governmental Immunity? Issue Reasoning Rule Facts
Amalia DeLong (who lived in Kenmore) called 911(operated by Erie County) because there was a burglar in her house. The 911 complaint writer told her “Okay, write away”, but among other mistakes, took down the wrong address for the house (219 instead of 319).

1) This is different than Riss. In this case, the police took on the responsibility of protection. The municipality assumed a duty to a particular person which it must perform in a non negligent manner. Municipality assumed affirmative duty which it must carry with reasonable care. 2) (no direct evidence) Evidence strongly shows that she relied on the complaint writer’s “Okay, right away” and that help was coming, she could’ve ran outside, she could’ve called the village police or neighbors, but she remained defenseless in the house. City and country both at fault.

When a relationship is created between the police and an individual which gives rise to a special duty, the municipality loses its governmental immunity and liability may result

Police went to the non-existent house and there was no follow up and the police responding did not follow SOPs Amelia was killed by the burglar and it was determined from the evidence that had police not been misdirected, her life might have been saved.

Held Procedure P argues D argues

Affirmed with costs… Wrongful death suit. Jury verdict in amount of $200K for ∏. ∆ appeals. 1) Riss: No legal responsibility on police for not providing protection despite repeated calls to police. 2) failing to undertake to provide protection does not result in liability unless the police conduct increased the risk. “Although the hand had been set to the task and withdrawn, it has resulted in no harm.”