A homeowner’s guest brought negligence, battery, and § 1983 excessive force claims against a municipality and police officers, claiming that the officers pushed or failed to prevent him from falling down a flight of stairs. The Supreme Court, Niagara County, denied the defendants’ motion for summary judgment. The defendants appealed.
The Supreme Court, Appellate Division, held that:
- The officers did not voluntary assume a duty of care over the guest;
- The officers were protected by governmental function immunity; and
- There was no evidence that the officers pushed the guest down the stairs.