Gordon v. City of New York

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The central question on this appeal is whether the City satisfied its duty of care to plaintiff, while in custody, to protect him from self-inflicted harm. Both parties acknowledge that a duty of care is owed by prison authorities with respect to the health and safety of their charges (see, e.g., O’Grady v City of Fulton, 4 NY2d 717, affg 4 AD2d 743). When prison authorities know or should know that a prisoner has suicidal tendencies or that a prisoner might physically harm himself, a duty arises…