Doucette v. Town of Bristol & a.

The defendants, the Town of Bristol (Bristol) and the Town of Plymouth (Plymouth), bring this interlocutory appeal to resolve issues of municipal tort liability raised by the Superior Court (McHugh, J.) in reconsidering its order denying defendants’ motions to dismiss. The following questions have been transferred to us:

“1. In an action alleging that police failed to protect a person from the violence of a third party, must the plaintiff allege and prove either a statutory duty on the part of the police, or a special duty/special relationship between the police and the victim?

2. Is the…