But city lawyers are arguing that the police had no legal duty to protect Joseph Lozito, the Long Island dad stabbed seven times trying to subdue madman Maksim Gelman — a courtroom maneuver the subway hero calls “disgraceful.”
A judge is currently deciding whether Lozito, who sued the city last year for failing to prevent the attack, will get his day in court.
The drug-fueled Gelman had fatally stabbed three people in Brooklyn and killed another with a car during a 28-hour rampage when he entered an uptown No. 3 train on Feb. 12, 2011.
City says cops had no duty to protect subway hero Joseph Lozito who subdued killer Maksim Gelman and was stabbed seven times in process - NYPOST.com
You gotta have some balls to claim police don't have a special duty to protect or at the very least ASSIST a law abiding citizen trying to stop a serial killer.
City says cops had no duty to protect subway hero Joseph Lozito who subdued killer Maksim Gelman and was stabbed seven times in process - NYPOST.com
You gotta have some balls to claim police don't have a special duty to protect or at the very least ASSIST a law abiding citizen trying to stop a serial killer.
City says cops had no duty to protect subway hero Joseph Lozito who subdued killer Maksim Gelman and was stabbed seven times in process - NYPOST.com
You gotta have some balls to claim police don't have a special duty to protect or at the very least ASSIST a law abiding citizen trying to stop a serial killer.
WASHINGTON, June 27 - The Supreme Court ruled on Monday that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.
The decision, with an opinion by Justice Antonin Scalia and dissents from Justices John Paul Stevens and Ruth Bader Ginsburg, overturned a ruling by a federal appeals court in Colorado. The appeals court had permitted a lawsuit to proceed against a Colorado town, Castle Rock, for the failure of the police to respond to a woman's pleas for help after her estranged husband violated a protective order by kidnapping their three young daughters, whom he eventually killed.
but typically officers aren't required to intervene on behalf of an individual.
This is from a NC appeals court decision, it seems to provide a good summary of the law as it's been interpreted by the SCOTUS:It really does strengthen the argument for concealed carry. I know the old adage “Police, there in minutes when seconds matter”. But now I am hearing that even if they are there at the moment the crime is going down they aren’t obligated to intervene?
Our law is that in the absence of a special relationship, such as exists when a victim is in custody or the police have promised to protect a particular person, law enforcement agencies and personnel have no duty to protect individuals from the criminal acts of others; instead their duty is to preserve the peace and arrest law breakers for the protection of the general public.
City says cops had no duty to protect subway hero Joseph Lozito who subdued killer Maksim Gelman and was stabbed seven times in process - NYPOST.com
You gotta have some balls to claim police don't have a special duty to protect or at the very least ASSIST a law abiding citizen trying to stop a serial killer.
This is why I'm pro concealed carry. Cops
don't have a duty and it is sad. People
want more nanny state protection and don't understand that the nanny state will agree...but then claim they have no responsibility to do so when it counts.
You and I both but conceal carry is also a commentary on the practical application of law enforcement.
Truth is Police around my parts will tell you out right to not depend on them for your personal safety and it makes complete sense.
Seconding Harry. He's exactly right. SCOTUS ruled that law enforcement has no duty to protect. From 2005:
http://www.nytimes.com/2005/06/28/politics/28scotus.html?_r=0
City says cops had no duty to protect subway hero Joseph Lozito who subdued killer Maksim Gelman and was stabbed seven times in process - NYPOST.com
You gotta have some balls to claim police don't have a special duty to protect or at the very least ASSIST a law abiding citizen trying to stop a serial killer.
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