What is the law enforcement duty to protect citizens from harm caused by third parties? This type of claim arises in a variety of circumstances. For example, police fail to protect a spouse from their violent partner; a hostage is killed by the hostage taker while the police are trying to negotiate a peaceful end to a hostage situation; an informant is killed while trying to make a drug buy; or a witness is killed in an effort to prevent their testimony. These are just some examples of how these cases arise. The only clear cut case of a duty to protect relates to prisoners who are in government custody. The reason for this duty is that the person who is involuntarily held cannot protect themselves.

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