Administrator of estate of mother of family violence victim brought wrongful-death action against city, alleging that city’s police officers, who responded to victim’s complaint that father of her child appeared at her house, should have remained at scene. The Superior Court granted city’s motion for summary judgment. Administrator appealed. The Appellate Court affirmed. Administrator appealed.
The Supreme Court of Connecticut held that police officers’ duty under city’s police response procedures policy to remain at scene was discretionary, not ministerial, and thus city was entitled to discretionary-act immunity.
City police officers’ duty under city’s police response procedures policy to remain at scene regarding incident in which abuser allegedly violated domestic violence protective order by coming to victim’s residence was discretionary, not ministerial, and thus city was entitled to discretionary-act immunity regarding wrongful-death action arising from fatal shooting of victim’s mother when abuser returned to residence after officers left to obtain arrest warrant, although policy stated that officers shall remain at the scene for a reasonable time if an arrest were not made. Policy language vesting discretion with police officers to determine what constituted reasonable time was inextricably intertwined with policy language stating that police officers “shall remain” at the scene.