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(Page 6)
Legal Reasoning:
The Court stated a municipality generally may not be held liable for in juries resulting from the failure to provide police protection. However, a recognized exception to this rule upheld in a tort claims is when a "special relationship" exists between the municipality and the injured party. The elements necessary to constitute a special relationship are, "(1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality's agents that inaction could lead to harm; (3) some form of direct contact between the municipality's agents and the injured party and (4) that party's justifiable reliance on the municipality's undertaking...
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