After she was confronted by a neighbor, one of the responding officers allegedly told Candice Brown not to be concerned and that he would "take care" of the situation.
When she was later stabbed in the eye by that same neighbor, Brown sued the City of New York for failure to provide adequate police protection.
After the Kings County Supreme Court dismissed her case, Brown appealed.
Generally, the City isn't liable for lapses in police protection unless there is a "special relationship" with the injured party. In this case, the Appellate Division, Second Department, thought the officer's statements were nothing more than "vague and ambiguous" assurances.
In the AD2's view, nothing the officer said or did lulled Brown into a false sense of security--particularly since she admitted during the course of pre-trial questioning that she continued to feel unsafe.
Brown out?
To view a copy of the Appellate Division's decision, please use this link: Brown v. City of New York