a particular individual. Morrow, 719 F.3d. at 167. A state actor’s duty to protect a particular individual does not arise merely from the state actor’s “knowledge of the individual’s predicament or from its expressions of intent to help him.... ” Id. at 168. Rather, such duty arises only where the state actor takes the person into its custody without consent and, by virtue of such custody, limits the individual’s freedom to act. Id. A “special relationship” exists only in the limited circumstances where the state has taken a person into custody or has otherwise prevented that person from helping him/herself. Kneipp, 95 F.3d at 1204-05; D.R. by L.R. v. Middle Bucks Area Vo. Tech. School, 972 F.2d 1364, 1370 (3d Cir.1992); see also Torisky v. Schweiker, 446 F.3d 438, 446 (3d Cir.2006) (<HOLDING>); Regalbuto v. City of Philadelphia, 937
recognizing special circumstances exception recognizing the existence of the special relationship holding that the special relationship exception does not apply to the relationship between a student and a school holding that the special relationship exception must be confined to cases in which a person is taken into state custody against his will holding that the special relationship exception did not apply because the decedent was not in defendants custody