Kathie E. Raucci v. Town of Rotterdam, 902 F.2d 1050 (2d Cir. 1990)

CASE: Woman sues city for wrongful death after her husband killed their son.

FACTS: After weeks of escalating threats, assaults and other confrontations with his estranged wife Kathie, Joseph Raucci shot her in a car as their 6 year-old son cowered in her arms, wounding her and killing the boy. In the weeks leading up to the shooting, Ms. Raucci had contacted the local police department on as many as 10 occassions, advising them of her husband's violent behavior, which included telephoned threats of violence, stalking an attempt to run her off the road while driving with her son and physical assault. There was some indication in the record that he considered the officers in whom Mrs. Raucci had confided to be his personal friends. He was arrested for the first time two days before the incident, but released him without being informed of his history of threats and assaults on his wife.

After her son was killed and she and her male companion injured at the hands of Mr. Raucci's rifle, Mrs. Raucci filed suit against the city for depriving Chad and her of their constitutional due process rights by failing to protect them from Mr. Raucci. She also asserted state negligence claims, alleging a special relationship that defendants breached by failing to act in a way that might have prevented the confrontation.

The federal claims were dismissed; the court retained jurisdiction over the negligence claims, which resulted in verdicts of $250,000 for the death of the Raucci son Chad and $275,000 for Mrs. Raucci's injuries.

Defendant moved for judgment notwithstanding the verdict, a new trial, and remittitur of the wrongful death award. D.C. denied all motions, holding that Mrs. Raucci had made out a prima facie case of negligence; defendant appealed.

HOLDING: City had a duty of reasonable care to shooting victims, a mother and her son, to protect them from the woman's estranged husband and (boy's father), where (1) the police were made aware of the man's violent threats and assaults on the woman; (2) the police had promised to do more than simply arrest him; (3) police officers knew, based on past threats, that inaction on their part could lead to harm; (4) where the woman had direct contact with the police with her son and had a restraining order against her husband and (5) the woman justifiably relied on police protection based on their statements to her.

RATIONALE:

• Mrs. Raucci relied on the police to protect her, based on police statements that they were "working on" a plan for what to do with the tapes she made of him threatening her over the phone.

T O P