Parvi v. City Of Kingston,

41 N.Y.2d 553, 362 N.E.2d 960, 349 N.Y.S.2d 161 (1977)

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Nature of the Case

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Facts

Police found three men, one Raymond Dugan, his brother Dixie Dugan and P when they answered a call. The brothers were engaged in a noisy quarrel. The police said that all three were under the influence of alcohol. One of the trio ran off and when P and Dugan said they had no place to go, the officers ordered them into the police car and, pursuing a then prevailing police 'standard operating procedure', transported the two men outside the city limits to an abandoned golf course located in an unlit and isolated area known as Coleman Hill. P and Dugan asked to be released at a place they knew of. That was refused. Thereupon the officers drove off, leaving Parvi and Dugan to 'dry out.' About 350 feet from the spot where they were dropped off, was the New York State Thruway. There were no intervening fences or barriers other than the low When they left the police made no effort to learn whether P was oriented to his whereabouts, to instruct him as to the route back to Kingston. The noise of fast-traveling, holiday-bound automobile traffic was clearly audible from the Thruway when they were dropped off. P wandered onto the Thruway, where P was severely injured. Dugan was killed. P was sued the City (D) for false imprisonment and negligence. P admitted that he had no recollection of what had transpired. The trial court dismissed the complaint because P was not aware of the confinement. P appealed. The Appellate Division affirmed.