Legal Definitions - special registration

The special-relationship doctrine is a legal principle that allows an individual to hold a government entity responsible for harm caused by a third party, but only when the government has taken significant control over that individual's freedom or safety. This level of control creates a "special relationship," which then imposes an affirmative duty on the government to protect the individual from foreseeable harm. This doctrine acts as an important exception to the general rule that government entities are typically not liable for failing to protect members of the public from harm caused by others.

Here are some examples illustrating the special-relationship doctrine:

• Example: Involuntary Commitment to a State Psychiatric Hospital

  Imagine a situation where a person is involuntarily committed by a court order to a state-run psychiatric hospital because they have been deemed a danger to themselves or others. While at the facility, another patient, known to have a history of violent behavior, assaults them due to inadequate supervision by hospital staff.

  This scenario illustrates the special-relationship doctrine because the state, through its court system and the hospital, has taken complete control over the individual's liberty and safety. The individual cannot leave the facility, and their well-being is entirely dependent on the state's care. This level of control creates a special relationship, obligating the state to protect them from foreseeable harm, including harm from other patients. If the state's negligence (e.g., insufficient staffing or supervision) leads to the assault, the injured individual might be able to sue the state under this doctrine.

• Example: Child in State Foster Care

  Consider a child who is removed from their parents' custody by a state child protective services agency due to severe neglect and abuse. The child is then placed in a state-licensed foster home. Despite prior warnings to the agency about the foster parents' abusive behavior, the foster parents physically harm the child.

  Here, the state has asserted significant control over the child's life by removing them from their home and placing them in a situation entirely managed and overseen by the state. The child is dependent on the state for their safety and well-being. This creates a special relationship, imposing a duty on the state to ensure the child's safety in foster care. If the state agency was negligent in monitoring the foster home or responding to warnings about the foster parents, the special-relationship doctrine could allow a claim against the state for the harm caused by the foster parents.

• Example: Inmate in a State Prison

  Suppose an inmate is incarcerated in a state prison. Prison officials are aware of a credible threat from a specific gang against this inmate, but they fail to separate the inmate from the gang members or provide adequate protection. The inmate is subsequently attacked and severely injured by members of that gang within the prison.

  This situation demonstrates the special-relationship doctrine because the state has absolute control over the inmate's freedom and environment. The inmate cannot protect themselves and is entirely reliant on the state for their safety. This complete control establishes a special relationship, creating an affirmative duty for the state to protect the inmate from known dangers, including harm from other inmates. If the state's negligence in providing protection leads to the attack, the special-relationship doctrine could be invoked to hold the state liable.