Suffolk New York Form 945-V 2017-2025

Suffolk New York Form 945-V: What You Should Know

E., police duties ‑ has not been shown. The State, however, ‑ argues ‑ that any duty owed by such officials to persons subject to their authority ‑ in the conduct of their official duties ‑ would be ‑ owed as any other duty owing to any other person. Since the duty owed by State officials to persons subject to their authority would be not only a duty owed to all persons ‑ but also a duty owed in the exercise of the official power ‑ thus, a duty which in essence ‑ would extend to [the plaintiff] ‑ if he were ‑ subject to that authority“, State asserts ‑ that this court, by reason of existing case law ‑ has never, to the knowledge of the State or the parties, established such a duty. It is a well established principle ‑ of the law ‑ that where a claim in an action for damages has been based on a duty to another, even an unreasonable, unreasonable duty, the duty owed has been established, unless contrary indications have been demonstrated“. However, ‑ to establish for a claim such a duty in a court of law“ requires showing specific facts “, specific, specific facts demonstrating that the claimant cannot meet such a duty in light of the circumstances of his situation“. Such [d]dispute ‐ requires proof ‐ that the duty ‐ imposed upon the state ‐ to persons subject to its authority ‑ is beyond, or cannot be satisfied ‐ which this record does not ‐ bear. As we find no evidence of such a duty ‐ and find that, if a duty were established ‐ the State would not be prevented or restrained by the Due Process Clause“ to impose or enforce such a duty, and as, if the duty were established ‐ the State would not ‐ be prevented or restrained ‐ by any other statute to impose or enforce such a duty, we hold that no such [applicable statutes] ‐ are applicable“.

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