Is there a "special relationship" between an individual and the police?

MultiRegion, United States of America

The following excerpt is from Urbina v. City of N.Y., 16-349-cv (2nd Cir. 2016):

Urbina fails to allege any facts capable of plausibly establishing either exception. Because Urbina fails to allege that the officers had him in custody, there is no basis to conclude that a "special relationship" existed. See Lombardi v. Whitman, 485 F.3d 73, 79 n. 3 (2d Cir. 2007) ("Special relationships arise ordinarily if a government actor has assumed an obligation to protect an individual by restricting the individual's freedom in some manner, as by imprisonment."). Urbina also fails to allege that the officers knew or should have known that an individual wielding a machete would attack Urbina or that the officers gave any assistance to Urbina's assailant. The fact that the officers told Urbina to walk in a particular direction does not establish a plausible failure-to-protect claim.

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