Is a police officer liable in tort merely for failure to take affirmative action to assist or protect another?

California, United States of America


The following excerpt is from Bastian v. County of San Luis Obispo, 199 Cal.App.3d 520, 245 Cal.Rptr. 78 (Cal. App. 1988):

It is true that in many situations, a person is "not liable in tort merely for failure to take affirmative action to assist or protect another unless there is some relationship between them which gives rise to a duty to act. [Citations.]" (Williams v. State of California (1983) 34 Cal.3d 18, 23, 192 Cal.Rptr. 233, 664 P.2d 137.) Such a relationship exists when a law enforcement officer's promise or conduct induces detrimental reliance by the plaintiff. ( Id. at p. 25, 192 Cal.Rptr. 233, 664 P.2d 137.)

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