Skip to main content

McCants v. Hempstead Union Free School District

N.Y. App. Div.April 15, 2015No. 2014-01710Cited 2 times
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Judge(s)
Dillon, Miller, Maltese, Duffy
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The appellate court reversed the lower court's denial of the defendant village's motion to dismiss, holding that the decision not to assign a crossing guard at a particular intersection was a discretionary governmental function protected from liability.

What This Ruling Means

# McCants v. Hempstead Union Free School District **What Happened** A person sued the Incorporated Village of Hempstead, claiming the village was negligent for not assigning a crossing guard at a specific intersection. The lower court initially allowed the case to move forward, but the village appealed. **What the Court Decided** The appeals court sided with the village and threw out the case. The court ruled that deciding whether to place a crossing guard at a particular location is a discretionary governmental decision—meaning it's a choice about how government resources should be spent rather than a failure to follow established safety procedures. **Why This Matters for Workers** This case shows that government employers have significant legal protection when making decisions about resource allocation and safety measures. Workers cannot easily sue government agencies claiming negligence over these types of policy decisions, even if someone gets hurt. Workers may need to pursue other remedies, like filing complaints with relevant agencies or advocating for policy changes through official channels, rather than relying on negligence lawsuits against government employers.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.