Citation

Vaughn MS. J. Crim. Justice 1994; 22(5): 407-424.

Copyright

(Copyright © 1994, Elsevier Publishing)

DOI

10.1016/0047-2352(94)90032-9

PMID

unavailable

Abstract

This article addresses police civil liability for abandoning citizens in high crime areas or in other high risk situations of victimization. The public duty doctrine has historically barred police liability for third party victimization. As the number of high crime areas and neighborhoods in which criminal victimization occurs rapidly grows, some courts are eroding the public duty doctrine and holding the police liable for abandoning citizens in dangerous places. An analysis of the ‘special relationship’ and ‘danger creation’ case law pursuant to Section 1983 shows that liability is more prevalent when police abandon children in dangerous places and when police abandonment results in serious physical injury to crime victims. Most courts, however, reject abandonment claims raised under Section 1983 when the police do not show “deliberate indifference” to the plaintiff's constitutional rights. The article concludes with policy guidance for police personnel to avoid liability for abandoning citizens in high crime areas or in other high risk situations.