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The city isnt responsible for two cops who took a rape victim boozing before one of them allegedly groped her in bed because they werent officially acting on behalf of the New York Police Department during the drunkfest, the city Law Department argues in new court papers.
The NYPD also isnt responsible for training officers not to commit sexual assaults, as theyre obvious criminal acts, the citys filings say.
Officer Lukasz Skorzewski and Lt. Adam Lamboy, formerly of the Manhattan Special Victims Division, flew to Seattle in early July 2013 to investigate the womans claims of a Jan. 6, 2013, rape in a Union Square apartment.
On July 6, the day after their initial interview,the idiotic investigators took the 25-year-old woman on a 10-hour bar crawl and then persuaded her to go to their room at the Embassy Suites in Bellevue, Wash.
That night, she slept in Skorzewskis bed while he slept on the sofa.
Around 10 a.m., Skorzewski slipped into the bed, groped the woman for half an hour, and then tried tearing off her clothes, the woman alleges.
Skorzewski, who was married with two children at the time, allegedly warned the New York nursing student to keep quiet.
It cant leave this room, she quoted him as saying.
The woman, whose name The News is withholding, filed a $3 million lawsuit against Skorzewski and Lamboy , as well as the city, on Sept. 29.
The citys filings contend that because Skorzewski, 32, and Lamboy went rogue, it isnt liable for their misdeeds.
Lamboy and Skorzewski were not acting under the color of state law because (the victim) does not allege sufficient facts to find plausibly that they invoked the authority of the NYPD when they engaged in conduct prohibited by the NYPD, city lawyers wrote.
They added that she has not plausibly pled that the city failed to train and supervise the pair.
The NYPD does not have an obligation to train officers not to commit sexual assault because it is an obvious criminal act, the city also argued in Manhattan Federal Court papers.
The city did not comment on the new filings.
The officers copped to departmental charges of prohibited conduct in the incident. They kept their jobs, but were hit with demotions, suspensions and transfers from SVU. Lamboy, 45, retired.
The womans lawyer, Christopher Galiardo, contends that the city is responsible, claiming the NYPD failed to establish guidelines, train or discipline its officers for sexual police misconduct.
Skorzewski, who allegedly told the woman, Youre my favorite victim during the boozefest, filed a $2 million defamation countersuit against her in January.
The disgraced ex-detective claims her exclusive interview with The News harmed his good name and reputation.
http://www.nydailynews.com/new-york...-acting-behalf-nypd-come-on-article-1.2519535