5 California opinions name it 1 courts 1982–2021 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carpenter v. City of Los Angelesgreen1 sentence2021(See Bastian v. County of San Luis Obispo (1988) 199 Cal.App.3d 520, 529 ; see, e.g., Carpenter v. City of Los Angeles (1991) 230 Cal.App.3d 923, 931-932 [police created special relationship with witness to crime by assuring him that he was in no danger and by failing to warn him of threats against him].) This follows from the fact that a special relationship is an exception to the public duty rule; hence, it gives rise to a duty to protect. | 1 | 1 |
South v. Maryland Ex Rel. Pottlegreen2 sentences1999The only additional duty undertaken by accepting employment as a police officer is the duty owed to the public at larged ” (34 Cal.3d at pp. 23-24, original italics.) The so-called public duty rule adopted by the court in Williams is believed to be derived from the early case of South v. Maryland (1855) 59 U.S. (18 How.) 396, 403 [ 15 L.Ed. 433, 435 ] in which the United States Supreme Court stated that law enforcement is not legally responsible to individual citizens to prevent their victimization by crime because this responsibility is “ ‘a public duty, for neglect of which he is amenable to 1999The only additional duty undertaken by accepting employment as a police officer is the duty owed to the public at larged ” (34 Cal.3d at pp. 23-24, original italics.) The so-called public duty rule adopted by the court in Williams is believed to be derived from the early case of South v. Maryland (1855) 59 U.S. (18 How.) 396, 403 [ 15 L.Ed. 433, 435 ] in which the United States Supreme Court stated that law enforcement is not legally responsible to individual citizens to prevent their victimization by crime because this responsibility is “ ‘a public duty, for neglect of which he is amenable to | 1 | 1 |
MB v. City of San Diegogreen2 sentences1999In the case of law enforcement officers, a special relationship only has been found in a “few narrow circumstances.” (M.B. v. City of San Diego (1991) 233 Cal.App.3d 699, 704-705 [ 284 Cal.Rptr. 555 ], italics added (M.B.).) Absent a special relationship creating a special duty, the police have no legal duty to control the conduct of others. 1999In the case of law enforcement officers, a special relationship only has been found in a “few narrow circumstances.” (M.B. v. City of San Diego (1991) 233 Cal.App.3d 699, 704-705 [ 284 Cal.Rptr. 555 ], italics added (M.B.).) Absent a special relationship creating a special duty, the police have no legal duty to control the conduct of others. | 1 | 1 |
Hardy v. Vialgreen2 sentences1982As the court pointed out in Hardy v. Vial (1957) 48 Cal.2d 577, 582-583 [ 311 P.2d 494 ], quoting from Mr. Justice Leonard Hand, immunity, even from wrongfully motivated action, is granted, as a matter of public policy, to avoid the risk of public officers avoiding their public duty for fear of the burden of trial and risk of its outcome. 1982As the court pointed out in Hardy v. Vial (1957) 48 Cal.2d 577, 582-583 [ 311 P.2d 494 ], quoting from Mr. Justice Leonard Hand, immunity, even from wrongfully motivated action, is granted, as a matter of public policy, to avoid the risk of public officers avoiding their public duty for fear of the burden of trial and risk of its outcome. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Williams v. State of California
green
2 sentences2015To expansively construe the special relationship doctrine to encompass such incremental increases in a preexisting risk would eviscerate our Supreme Court’s adoption in Williams, supra, 34 Cal.3d at page 23 , of the public duty rule, which protects police officers from the burden of assuming greater obligations to others by virtue of their employment.” ( Adams, supra, 68 Cal.App.4th at pp. 284-285.) This case is very different from Lugtu, supra, 26 Cal.4th 703 , on which appellant relies. 1999To expansively construe the special relationship doctrine to encompass such incremental increases in a preexisting risk would eviscerate our Supreme Court’s adoption in Williams, supra, 34 Cal.3d at page 23 , of the public duty rule, which protects police officers from the burden of assuming greater obligations to others by virtue of their employment. 32 In addition, if a duty of care was imposed in each case where there was some progressive, increased chance of injury stemming from a preexisting harm, the special relationship doctrine would be in irremediable conflict with the traditional dut | 2 | 1999–2015 |
Adams v. City of Fremont
green
2 sentences2015To expansively construe the special relationship doctrine to encompass such incremental increases in a preexisting risk would eviscerate our Supreme Court’s adoption in Williams, supra, 34 Cal.3d at page 23 , of the public duty rule, which protects police officers from the burden of assuming greater obligations to others by virtue of their employment.” ( Adams, supra, 68 Cal.App.4th at pp. 284-285.) This case is very different from Lugtu, supra, 26 Cal.4th 703 , on which appellant relies. 2010(Adams, supra, 68 Cal.App.4th at p. 275 .) It further explained: “States adopting the public duty rule often permit a ‘narrow exception’ for unusual police conduct that creates a ‘special relationship’ between the police officer and an individual member of the public. [Citation.] This special relationship exception to the public duty rule has been adopted in California as well. | 2 | 2010–2015 |
Bastian v. County of San Luis Obispo
green
1 sentence2021(See Bastian v. County of San Luis Obispo (1988) 199 Cal.App.3d 520, 529 ; see, e.g., Carpenter v. City of Los Angeles (1991) 230 Cal.App.3d 923, 931-932 [police created special relationship with witness to crime by assuring him that he was in no danger and by failing to warn him of threats against him].) This follows from the fact that a special relationship is an exception to the public duty rule; hence, it gives rise to a duty to protect. | 1 | 2021–2021 |
Lugtu v. California Highway Patrol
green
2 sentences2015To expansively construe the special relationship doctrine to encompass such incremental increases in a preexisting risk would eviscerate our Supreme Court’s adoption in Williams, supra, 34 Cal.3d at page 23 , of the public duty rule, which protects police officers from the burden of assuming greater obligations to others by virtue of their employment.” ( Adams, supra, 68 Cal.App.4th at pp. 284-285.) This case is very different from Lugtu, supra, 26 Cal.4th 703 , on which appellant relies. 2015To expansively construe the special relationship doctrine to encompass such incremental increases in a preexisting risk would eviscerate our Supreme Court’s adoption in Williams, supra, 34 Cal.3d at page 23 , of the public duty rule, which protects police officers from the burden of assuming greater obligations to others by virtue of their employment.” ( Adams, supra, 68 Cal.App.4th at pp. 284-285.) This case is very different from Lugtu, supra, 26 Cal.4th 703 , on which appellant relies. | 1 | 2015–2015 |
Warren v. District of Columbia
green
1 sentence1999L.Rev. 243, 249, fn. omitted.) It is based on policy concerns that the establishment of a privately enforceable duty to use reasonable diligence in the performance of public functions would "effectively bring the business of government to a speedy halt, ..." ( Warren, supra, 444 A.2d at pp. 8-9.) As the Warren court reflected, "A publicly maintained police force constitutes a basic governmental service provided to benefit the community at large by promoting public peace, safety and good order. | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.