Coley v. City of Hartford
2013 Conn. App. LEXIS 29
Conn. App. Ct.2013Background
- Plaintiff, administrator of Loma Coley’s estate, sues Hartford for negligence related to police response to a family violence incident.
- Nov. 5, 2007, 8:39 p.m.: Officers responded to 47 Bolton Street where Williams reported Chapdelaine threatened her with a firearm.
- Coley, Williams’s relative, witnessed the events; officers later arrested Chapdelaine attempt after leaving to obtain an arrest warrant.
- Protective order prohibited Chapdelaine from contacting Williams; officers had previously responded to domestic violence at 47 Bolton Street.
- Approximately three hours after the initial call, officers returned to 47 Bolton Street, rescued screams were heard, and Coley was killed.
- Plaintiff filed suit Nov. 17, 2009, alleging negligence in (a) arrest failure, (b) inadequate time at scene, and (c) failure to follow police response procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ duties were ministerial or discretionary | Coley contends §46b-38b(d) and procedures imposed a ministerial duty to stay at scene. | City argues discretionary immunity applies; no ministerial duty to Coley. | Officers’ duties were discretionary; no ministerial duty to Coley. |
| Whether police response procedures created a duty to Coley | Procedures purportedly impose ministerial duty to remain at scene for safety. | Procedures create duties to victims, not Coley; no enforceable duty to plaintiff. | No duty to Coley under procedures; immunity applies. |
Key Cases Cited
- Violano v. Fernandez, 280 Conn. 310 (Conn. 2006) (discretionary vs. ministerial framework; public vs. private duty distinction)
- Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (Conn. 1988) (discretionary vs. ministerial nature of municipal acts)
- Kolaniak v. Board of Education, 28 Conn. App. 277 (Conn. App. 1992) (distinguishes ministerial acts and discretionary acts; standard for immunity)
- Ward v. Greene, 267 Conn. 539 (Conn. 2004) (duty to protected class under statutory directive; individual vs. public duty)
- Doe v. Petersen, 279 Conn. 607 (Conn. 2006) (statutory framework for municipal liability; public duty doctrine)
- State v. Fernando A., 294 Conn. 1 (Conn. 2009) (P.A. 86-337 family violence reforms; victim safety duties)