The state is protected by immunity for actions or decisions requiring the exercise of discretion. Negligent performance of a governmental function, such as the protection and safety of the public, including decisions relating to police protection and the supervision of prisoners or parolees, cannot result in liability without the demonstration of a “special relationship” between the injured party and the state.
In order for liability to attach, the plaintiff must demonstrate that the state, through direct personal contact, assumed an affirmative duty to act on the injured party’s personal behalf, which was conveyed to the injured party and subsequently relied upon. The critical element of the special relationship exception – and most difficult to prove- is the plaintiff’s justifiable reliance on the government’s assurances. The plaintiff must prove that the defendant’s conduct actually lulled her into a false sense of security, caused her to either relax her vigilance or forego other means of protection, and thereby placed her in a worse position than she would have been in otherwise.
