Friday, January 7, 2011



In an action claiming that defendant-officers negligently discharged their firearms in violation of department guidelines, the dismissal of the complaint is affirmed where it was uncontroverted that all of the officers who fired at the suspect did so when they had a clear view of him, and all testified that they did not see any bystanders in the area while firing, such that it could not be said that the officers failed to exercise discretion in discharging their weapons.

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