Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)

Citation: Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Parent Document: Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-07-05
Original Source: https://www.courtlistener.com/opinion/7893244/gordon-v-bridgeport-housing-authority/ ↗

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The court in Shore also went on to say: “Policy considerations have also resulted in the establishment of *167certain exceptions which provide that an individual cause of action may be brought against an official for breach of duty without regard to whether the duty is technically a public or private one.” Id., 153. The Shore opinion outlined limited exceptions to the rule that officials who undertake discretionary actions are immune from civil liability. “[Wjhere the duty of the public official to act is not ministerial but instead involves the exercise of discretion, the negligent failure to act will not subject the public official to liability unless the duty to act is clear and unequivocal.” Id. One exception is when “it would be apparent to the public officer that his failure to act would be likely to subject an identifiable person to imminent harm.” Id.; see, e.g., Sestito v. Groton, supra, 528. Another exception is where “a statute may specifically provide for a cause of action against an official or a municipality for failure to enforce certain laws, such as those designed to prevent disturbances of the peace by riotous assemblies. See, e.g., Sestito v. Groton, supra, 523-24 (General Statutes § 7-108).” Shore v. Stonington, supra, 154. A third exception to the general rule is where the complaint alleges an action involving malice, wantonness or intent to injure, rather than negligence. Id., 155; see, e.g., Stiebitz v. Mahoney, 144 Conn. 443, 448-49, 134 A.2d 71 (1957); Medeiros v. Kondo, 55 Hawaii 499, 503, 522 P.2d 1269 (1974); 63 Am. Jur. 2d, Public Officers and Employees § 290.

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