New York
How DeShaney v. Winnebago County Department of Social Services applies in New York: state-specific rules, key cases, and bar exam notes for Civil Procedure.
New York generally follows the federal precedent established in DeShaney, where government entities do not have an affirmative duty to protect individuals from private harm unless a special relationship exists. Thus, the state focuses on identifying such relationships under New York law, particularly in cases involving vulnerable populations.
In New York, the state has a duty to protect individuals from harm only if a special relationship exists, which typically requires custody, control, or assumption of responsibility over the individual.
The court held that school officials could be held liable for failing to act on known instances of abuse if a special relationship with the students was established.
The court found that the Department had a duty to protect a child under its care from foreseeable harm, affirming the necessity of a special relationship.
The court ruled that police had no duty to protect individuals from violent acts by third parties unless a specific special relationship was established.
New York's approach is consistent with the DeShaney ruling at the federal level, which states that there is no substantive due process right to protection from harm. However, New York courts have developed a clearer framework surrounding the necessity of establishing a special relationship, allowing for some state law deviations from the federal standard in practical applications.
Understanding the implications of DeShaney and the special relationship doctrine is crucial for the New York bar exam, particularly in questions about government liability in civil cases.