Police Officer's Lawsuit for Injury During Arrest Dismissed for Failure to Show Statue or Regulation Violated by Defendant

Case: Diaz-Montez v. Dore-Almonor

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

Date: 6/27/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury lawyer)

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Facts: Police officer injured in the line of duty during an arrest. She's trying to make a claim that the arrested person, who injured, her violated a statute or regulation. I suppose this is to try to get the arrested person's insurance involved. Otherwise, the officer would sue for assault and there would be no insurance coverage for an assault, which is not an accident but an intentional act not covered by insurance.

This officer's complaint and lawsuit don't state the statute or regulation supposedly violated and how it was violated.

Held: Thus, the officer fails to state a cause of action against the person arrested. Her complaint loses to a defense motion to dismiss and her case is dismissed, a rare result.

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