State Patrol Trooper

Q: I am a State Patrol Trooper.  While assigned as an undercover police officer, and attempting to purchase narcotics as part of a joint task force, a participant recognized me as an undercover officer and assaulted me.  No one had ever warned me that the assailant had recently been released from jail.

A: It is questionable whether you can prevail in a negligence cause of action against the county and/or the village.  There is probably not a ‘special relationship’ existing between these entities and you, especially taking into account considerations of governmental immunity.

Even if you had that special relationship, it appears that your relationship with the county and the village – by participating in a joint task force – was akin to that of your relationship with your employer.  In General Obligations Law § 11-106, the Legislature has barred suits against a police officer’s employer or co-employee to restrict the imposition of further financial burdens on municipalities.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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