In a 42 U.S.C. section 1983 action alleging that defendants-officers permitted plaintiff's partner to abuse her, summary judgment for certain defendants is affirmed in part where plaintiff failed to show a genuine issue of material fact as to whether defendants enhanced the risk of violence by making explicit assurances to the perpetrator. However, the ruling is reversed in part where plaintiff raised a genuine issue of material fact as to whether defendant-officers implicitly but affirmatively sanctioned the abuse.
Argued: April 28, 2008
Decided: August 18, 2009
Opinion by Judge Pooler
Michael H. Sussman, Goshen, NY, for Plaintiff-Appellant.
Matthew P. Ross, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, NY