January 2024 - Parks & Recreation - 33

The appeals court held the
complaint could not sufficiently
establish a connection between the
property's condition and the risk of
criminal activity.
held
As a result, the appeals court
Plaintiffs
" cannot
support
their claim that a dangerous condition
exists based on the City's alleged
failure to provide security at
Darby Park's parking lot. "
In addition, the appeals court
found Plaintiffs' complaint did not
" sufficiently allege how a gymnasium
open to the public, by itself,
is a dangerous condition or is defective
in such a way as to foreseeably
endanger those using the
property itself. "
Moreover,
the
appeals
court
found Plaintiffs' complaint did not
" otherwise specify what other type
of 'adequate precautions' in the
context of control measures and
security the City failed to provide " :
Claims against public entities
must be specifically pleaded; generalized
allegations about the dangerous
condition will not suffice
and, rather, must specify in what
manner the condition constituted
a dangerous condition.
As a result, the appeals court
concluded the complaint in Plaintiffs'
lawsuit " does not allege sufficient
facts that the City's failure to
provide 'adequate precautions' can
form the basis of a dangerous condition
of public property claim. "
Failure to Provide
Surveillance Cameras
On appeal, Plaintiffs further contended
this " is a matter of people
being shot or otherwise injured
on public property. " In so doing,
Plaintiffs claimed the complaint
alleged a " viable and substantial
dangerous condition claim based
upon the City's actual or constructive
notice of alleged ongoing
shootings in Darby Park and
the City's failure to install security
cameras as a crime deterrent. "
The appeals court, however,
found Plaintiffs had not alleged
sufficient facts in the complaint to
" establish
a sufficiently pleaded
claim for dangerous condition of
public property based upon a third
party's shooting coupled with the
absence of security cameras. "
While Plaintiffs had alleged " ongoing
dangerous criminal activity "
in the park, the appeals court noted
the complaint had only referred
" to two shootings prior to January
5, 2021, one over 23 years ago (on
December 8, 1997) and one nearly
nine years ago (on October 15,
2012). "
PARK S ANDRECRE AT ION . OR G | J ANUAR Y 2 0 2 4 | Parks & Recreation
33

January 2024 - Parks & Recreation

Table of Contents for the Digital Edition of January 2024 - Parks & Recreation

January 2024 - Parks & Recreation - Intro
January 2024 - Parks & Recreation - Cover1
January 2024 - Parks & Recreation - Cover2
January 2024 - Parks & Recreation - 1
January 2024 - Parks & Recreation - 2
January 2024 - Parks & Recreation - 3
January 2024 - Parks & Recreation - 4
January 2024 - Parks & Recreation - 5
January 2024 - Parks & Recreation - 6
January 2024 - Parks & Recreation - 7
January 2024 - Parks & Recreation - 8
January 2024 - Parks & Recreation - 9
January 2024 - Parks & Recreation - 10
January 2024 - Parks & Recreation - 11
January 2024 - Parks & Recreation - 12
January 2024 - Parks & Recreation - 13
January 2024 - Parks & Recreation - 14
January 2024 - Parks & Recreation - 15
January 2024 - Parks & Recreation - 16
January 2024 - Parks & Recreation - 17
January 2024 - Parks & Recreation - 18
January 2024 - Parks & Recreation - 19
January 2024 - Parks & Recreation - 20
January 2024 - Parks & Recreation - 21
January 2024 - Parks & Recreation - 22
January 2024 - Parks & Recreation - 23
January 2024 - Parks & Recreation - 24
January 2024 - Parks & Recreation - 25
January 2024 - Parks & Recreation - 26
January 2024 - Parks & Recreation - 27
January 2024 - Parks & Recreation - 28
January 2024 - Parks & Recreation - 29
January 2024 - Parks & Recreation - 30
January 2024 - Parks & Recreation - 31
January 2024 - Parks & Recreation - 32
January 2024 - Parks & Recreation - 33
January 2024 - Parks & Recreation - 34
January 2024 - Parks & Recreation - 35
January 2024 - Parks & Recreation - 36
January 2024 - Parks & Recreation - 37
January 2024 - Parks & Recreation - 38
January 2024 - Parks & Recreation - 39
January 2024 - Parks & Recreation - 40
January 2024 - Parks & Recreation - 41
January 2024 - Parks & Recreation - 42
January 2024 - Parks & Recreation - 43
January 2024 - Parks & Recreation - 44
January 2024 - Parks & Recreation - 45
January 2024 - Parks & Recreation - 46
January 2024 - Parks & Recreation - 47
January 2024 - Parks & Recreation - 48
January 2024 - Parks & Recreation - 49
January 2024 - Parks & Recreation - 50
January 2024 - Parks & Recreation - 51
January 2024 - Parks & Recreation - 52
January 2024 - Parks & Recreation - 53
January 2024 - Parks & Recreation - 54
January 2024 - Parks & Recreation - 55
January 2024 - Parks & Recreation - 56
January 2024 - Parks & Recreation - Cover3
January 2024 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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