Can a municipality be held liable for the performance of its employees under the professional judgment rule?

"New York", United States of America

The following excerpt is from Johnson v. City of N.Y., 15 N.Y.3d 676, 917 N.Y.S.2d 10, 942 N.E.2d 219 (N.Y. 2010):

The professional judgment rule insulates a municipality from liability for its employees' performance of their duties " 'where the ... conduct involves the exercise of professional judgment such as electing one among many acceptable methods of carrying out tasks, or making tactical decisions' " ( McCormack v. City of New York, 80 N.Y.2d 808, 811, 587 N.Y.S.2d 580, 600 N.E.2d 211 [1992], quoting Kenavan v. City of New York, 70 N.Y.2d 558, 569, 523 N.Y.S.2d 60, 517 N.E.2d 872 [1987] ). Immunity under the professional judgment rule

[15 N.Y.3d 681]

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