Landlord Responsible for Guard's Excessive Force Against Tenant

July 31, 2011

LVT Number: #23547

Tenant sued landlord of housing complex, claiming that landlord's licensed security officer falsely arrested her and handcuffed her with excessive force, in violation of federal law. Landlord claimed that it wasn't responsible since landlord's security force was deputized by the NYPD, and it therefore should be treated as a public police force. The court ruled against landlord. Landlord employed its security force for its own benefit, so it was responsible for actions taken by the security officer in the course of his employment.

Tenant sued landlord of housing complex, claiming that landlord's licensed security officer falsely arrested her and handcuffed her with excessive force, in violation of federal law. Landlord claimed that it wasn't responsible since landlord's security force was deputized by the NYPD, and it therefore should be treated as a public police force. The court ruled against landlord. Landlord employed its security force for its own benefit, so it was responsible for actions taken by the security officer in the course of his employment. Unlike the city, landlord also can obtain insurance for the actions of its employees.

Brown v. Starrett City Associates: Index No. 09-CV-3282, NYLJ No. 1202501451768 (EDNY; 7/13/11; Weinstein, J)

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