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Subway Stabbing Victim Can't Sue NYPD For Failing To Save Him(feet away, no duty to protect0
gothamist.com ^ | 26 July, 2013 | Rebecca Fishbein

Posted on 08/03/2013 6:54:14 AM PDT by marktwain

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Many people believe the police will protect them, instead of cowering in a locked compartment a few feet away while a brave, unarmed man, does their job.
1 posted on 08/03/2013 6:54:14 AM PDT by marktwain
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To: marktwain
The city, meanwhile, claimed that the NYPD had no "special duty" to intervene at the time, and that they were in the motorman's car because they believed Gelman had a gun. And Manhattan Supreme Court Justice Margaret Chan has sided with the city, noting that there was no evidence the cops were aware Lozito was in danger at the time.

Does not compute.

They were chickensh!t cowards. Wonder if they'll find some excuse to file for "disability" when it comes time to collect their pension benefits.

2 posted on 08/03/2013 6:57:19 AM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: marktwain

If the constitution guarantees the right to life, and the people the society hires to protect you have no obligation to protect you then you should have the right to do so with any weapon you have.


3 posted on 08/03/2013 6:58:01 AM PDT by Walkingfeather
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To: marktwain

The transit officers were not trained to do any differently. They may also have gotten their signals crossed.


4 posted on 08/03/2013 7:00:47 AM PDT by Fester Chugabrew
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To: marktwain

If you think the homicide rate is high now, wait until Barry and the ‘RATS ban guns.


5 posted on 08/03/2013 7:01:00 AM PDT by FlingWingFlyer (ObamaCare is just commie DemocRAT code for genocide.)
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To: marktwain
At least give him the cops' pay for that day. After all, he did their job.

Perhaps the greatest value of this decision is to have something printed to stick up ... er, insert ... no, that's not it ... roll up and hit a liberal on the nose when they say you don't need a gun, just call a cop.

6 posted on 08/03/2013 7:01:45 AM PDT by NonValueAdded ("When there is no penalty for failure, failures proliferate." George F. Will)
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To: marktwain

Cops are mostly cowards and tnis is news?


7 posted on 08/03/2013 7:03:32 AM PDT by GlockThe Vote (The Obama Adminstration: 2nd wave ofo attacks on America after 9/11)
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To: NonValueAdded

Yes, most people do not know that the police have no obligation to protect you. Once they understand that, it changes their view about owning weapons.


8 posted on 08/03/2013 7:04:08 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: FlingWingFlyer

Actually, the homicide rate now is very nearly at an all-time low, essentially the same as it was in 1956, and poised to go even lower,.


9 posted on 08/03/2013 7:04:36 AM PDT by Sherman Logan
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To: Walkingfeather

Kansas passed a law that you can’t put those no gun signs on the building unless there is armed security in the building. I like that law.


10 posted on 08/03/2013 7:05:55 AM PDT by Mercat
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To: marktwain

If they have no duty to protect, then, WHAT EXACTLY is their duty?

Revenue enhancement?


11 posted on 08/03/2013 7:05:59 AM PDT by djf (Rich widows: My Bitcoin address is... 1ETDmR4GDjwmc9rUEQnfB1gAnk6WLmd3n6)
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To: marktwain

Well he should have Stood His Ground.


12 posted on 08/03/2013 7:06:17 AM PDT by chris37 (Heartless.)
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To: marktwain

Too bad he wasn’t attacked by a German Shepherd, he may have gotten some help that way.


13 posted on 08/03/2013 7:08:10 AM PDT by Stevenc131
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To: marktwain
I guess that applies to lifeguards, too.
14 posted on 08/03/2013 7:10:15 AM PDT by NonValueAdded ("When there is no penalty for failure, failures proliferate." George F. Will)
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To: marktwain
So the motto of the story is ‘get a bigger knife’ a la Crocodile Dundee in NY?
15 posted on 08/03/2013 7:10:24 AM PDT by Sir Napsalot (Pravda + Useful Idiots = CCCP; JournOList + Useful Idiots = DopeyChangey!)
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To: marktwain
These cowards have only one duty and that is to protect Bloomberg and his minions.
16 posted on 08/03/2013 7:11:23 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Walkingfeather
If the constitution guarantees the right to life...

We don't need the Constitution to have a right to life. It should acknowledge it, but it doesn't grant it or guarantee it.

17 posted on 08/03/2013 7:11:58 AM PDT by Pearls Before Swine
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To: marktwain
claimed that the NYPD had no "special duty" to intervene

Yep. Plus NYC basically bans law abiding citizens from owning a gun to defend themselves.

Yep. You are a slave.

18 posted on 08/03/2013 7:12:19 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: djf

“If they have no duty to protect, then, WHAT EXACTLY is their duty?

Revenue enhancement?”

You hit the nail squarely on the head sir.


19 posted on 08/03/2013 7:12:38 AM PDT by DaiHuy (May God save the country, for it is evident the people will not! Millard Fillmore)
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To: marktwain
This is old news. The US Supreme Court ruled back in the 80's that police have no responsibility to protect you.

Warren v District of Columbia

I couldn't find a shorter summary.

20 posted on 08/03/2013 7:14:49 AM PDT by <1/1,000,000th%
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To: marktwain
THEY HAD PROTECTION, THEY COWARDED OUT

Effect of the Law New York's Good Samaritan law carves out specific circumstances when an individual shall not be held liable for ordinary negligence in attempting to render medical assistance. Instead, they will only be held liable in cases of gross negligence. Gross Negligence Simply put, negligence is a failure to exercise ordinary care. Gross negligence means a failure to use even slight care, or is conduct that is so careless as to show complete disregard for the rights and safety of others. When it Applies The law isn't found in one centralized part, but rather integrated into various provisions of the NY Public Health Law and the NY Education Law. Importantly, New York's Good Samaritan law is limited to medical treatment or assistance. The heart of the law is found in Pub. Health Law §3000-a, which provides in part: Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Article Source: http://EzineArticles.com/1564360

21 posted on 08/03/2013 7:15:18 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: marktwain

But don’t protect yourself. That’s a felony.
BULL$h!t!!!!!


22 posted on 08/03/2013 7:16:19 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: djf

Their duty is to ENFORCE the law. If in doing that they provide some sort of protection, that’s a bonus! The 1981 ‘Warren vs DC’ court decision established that police have a duty to provide ‘protection’ to the collective community but are under NO legal obligation to provide protection to individual ‘free’ citizens. I believe that is why there has been no successful legal action brought by a ‘free’ citizen against a policemen, a police department, a city, a county, a state, or any government agency on the basis of ‘Failure to Protect’.


23 posted on 08/03/2013 7:16:29 AM PDT by yadent
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To: marktwain

The city, meanwhile, claimed that the NYPD had no "special duty" to intervene at the time, and that they were in the motorman's car because they believed Gelman had a gun.


And if Joseph Lozito had used a firearm instead, the coward cops would have been out of that motorman's car in a heartbeat to arrest him.

24 posted on 08/03/2013 7:17:43 AM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: marktwain
The city, meanwhile, claimed that the NYPD had no "special duty" to intervene at the time, and that they were in the motorman's car because they believed Gelman had a gun.

Oh, *THAT* makes it ALL better.

Gaw-damned cowards.

25 posted on 08/03/2013 7:19:00 AM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: Lazamataz
So the difference between THEIR guns and Gelman's "believed " gun is ... COWARDICE.
26 posted on 08/03/2013 7:20:57 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: 2banana
claimed that the NYPD had no “special duty” to intervene
Yep. Plus NYC basically bans law abiding citizens from owning a gun to defend themselves.

Yep. You are a slave.

Unless you are a member of the elite. A rock star or a Donald Trump or Howard Stern. Then You may protect yourself.

27 posted on 08/03/2013 7:21:34 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: marktwain

Heaven be thanked the citizen didn’t have a gun: the poor criminal could have been injured or even killed.


28 posted on 08/03/2013 7:22:55 AM PDT by Standing Wolf
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To: djf
If they have no duty to protect, then, WHAT EXACTLY is their duty?

Well, they can draw chalk outlines around the victims' bodies.

29 posted on 08/03/2013 7:24:28 AM PDT by Max in Utah (A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.)
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To: marktwain

He should sue Bloomberg for unconstitutionally infringing on his 2nd amendment right to defend himself.


30 posted on 08/03/2013 7:28:12 AM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: marktwain

When seconds count, the police are only minutes....errr..FEET...away.

In the Police States of America, cops exist to collect taxes from motorists and to crush your pets to death when they raid your home over unpaid jaywalking tickets.


31 posted on 08/03/2013 7:28:49 AM PDT by Bryanw92 (Sic semper tyrannis)
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To: marktwain
It's Joe Lozito's fault.

He should screamed: "He's a fare dodger!!!"

22 NYPD Officers Show Up to Arrest a Single Fare Dodger on New York Subway!
http://www.youtube.com/watch?v=b_VB-cHOO4g

32 posted on 08/03/2013 7:28:54 AM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: marktwain

If they had no evidence that the victim was in danger, why were they locked in the cab?


33 posted on 08/03/2013 7:29:30 AM PDT by Darteaus94025 (Phony President)
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To: marktwain

I recommend that New Yorkers print a copy of this ruling and carry it with them as their Concealed Carry Permit.

I used to recommend carry a copy of the Bill of Rights or the Second Amendment, but the cops and courts don’t seem to recognize those anymore.


34 posted on 08/03/2013 7:29:51 AM PDT by G Larry (Let his days be few; and let another take his office. Psalms 109:8)
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To: Sherman Logan
Actually, the homicide rate now is very nearly at an all-time low, essentially the same as it was in 1956, and poised to go even lower,.

Even in Chicago?

35 posted on 08/03/2013 7:31:07 AM PDT by Maceman (Just say "NO" to tyranny.)
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To: marktwain

I am willing to donate to a fund for Lazio to advertise the cowardice of these officers.


36 posted on 08/03/2013 7:31:35 AM PDT by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: jimfree

Lozito.


37 posted on 08/03/2013 7:32:03 AM PDT by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: <1/1,000,000th%
"The US Supreme Court ruled back in the 80's that police have no responsibility to protect you."

Then how come if an LEO orders me to assist him and I don't I can be charged and prosecuted?

38 posted on 08/03/2013 7:33:01 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: Sherman Logan
Not if psychotic lesbian vampire Christine Quinn becomes next Mayor which most likely will happen now that Anthony Weiner has all but "shrank". That city is so infected with libs now that they would rather vote for Charles Manson than a Republican so she most likely will be next Mayor. She said she is going to put a stop to the NYPDs "stop and frisk" program which is probably the #1 reason homicide rates are so low and we can't have homicide rates low now can we. We gotta get that murder rate up and up.


39 posted on 08/03/2013 7:36:14 AM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: marktwain
Something doesn't sound right in this story. I looked up the original article from Feb 2011 and cut this part out of the story:

The modest Lozito told us the cops and the EMTs were the real heroes.

and

"I am alive because of the police," he said.

40 posted on 08/03/2013 7:36:24 AM PDT by Larry381 ("Those who cannot remember the past are condemned to repeat it.")
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To: marktwain
Ever since Carter let Castro empty Cuba's prisons and mental hospitals for the Mariel Boat Lift, the US has become a dumping ground for all the crazies.

Yes, Gelman's from the the Ukraine, but local to me, there was a Russian that was a nuisance. Mental, alcoholic, and a two-fisted smoker, he'd be alternating cigarettes while drunkenly meandering his way across one of the main drags.

BTB, didn't Al Sharpton sue NYC (NYPD) for failing to protect him during one of his rabble-rousing/community-organizing marches? A resident of the targeted neighborhood stabbed Sharpton.

I remember a photo of an greasy, but alert Sharpton being loaded into an ambulance with a [forgetten] caption of how much he took the city for.

I was perplexed as to why he was able to do that.

41 posted on 08/03/2013 7:38:53 AM PDT by Calvin Locke
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To: Larry381

No duty to protect? Then what are we paying them for?


42 posted on 08/03/2013 7:39:47 AM PDT by k4gypsyrose
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To: k4gypsyrose; All

“No duty to protect? Then what are we paying them for?”

Not duty to protect *you*. They have a duty to protect “society at large”, which translated means “follow orders and protect the government”.

Nowhere have I seen a court mention that they have a duty to protect the Constitution, which they take an oath to do.


43 posted on 08/03/2013 7:47:27 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: k4gypsyrose
to eat doughnuts and shoot dogs...
44 posted on 08/03/2013 7:54:22 AM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: marktwain
Apparently the court relied upon the old Common Law rule that one has no duty to rescue someone in a dangerous situation. There is a case where some one stood at the side of a swimming pool and watched a child drown. The parents sued the man standing by the side of the pool; the court held "NO Duty."

This is why I laugh at those supposed "rugged individualists" on this site. The rationale for these cases rises from the individualism forming one of the premises of the Common Law.

The Civil Law imposes a duty to help one in peril or injured.

I happen to personally believe that an armed policeman should be required to come to the aid of a victim of a crime where possible

45 posted on 08/03/2013 7:57:49 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Maceman

Just talking about national rate.

That some cities are going up but the national rate remains low, just means that other areas are even safer.


46 posted on 08/03/2013 8:02:28 AM PDT by Sherman Logan
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To: AEMILIUS PAULUS; All

“This is why I laugh at those supposed “rugged individualists” on this site. The rationale for these cases rises from the individualism forming one of the premises of the Common Law.”

I think it is much simpler. If the court ruled that the police had a duty to protect individuals, they could be sued for every crime that occurs. It would rapidly bankrupt the State.

I do not know of any government anywhere that allows police to be sued because an individual was the victim of a crime, unless the police had a “special duty” such as being assigned to guard someone, and then egregiously failed in that “special duty”.


47 posted on 08/03/2013 8:05:16 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain; All

“...The city, meanwhile, claimed that the NYPD had no “special duty” to intervene at the time,...”

Let that sink in folks. It doesn’t matter to them if you’re attacked by some feral animal and die.

THE POLICE - you know, those “To Serve And Protect” heroes - have “No Special Duty To Intervene” - their words.

Demand your right to carry, and don’t stop pushing until they acquiesce. If the legislators don’t listen, remove them at every election cycle.

Law-abiding Gun owners put up with more infringement on our basic CIVIL, HUMAN, and CONSTITUTIONAL RIGHTS than ANY other group in this country.

How these people view your right to defend yourself is the litmus test for how they view ALL of your rights.

New York’s Sullivan Law must go.

If the libtards go after Stand Your Ground in other states, we need to go after the Sullivan Law in NYC, and other no-issue states, like New Jersey.


48 posted on 08/03/2013 8:39:39 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: marktwain

“...Not duty to protect *you*. They have a duty to protect “society at large”, which translated means “follow orders and protect the government”....”

But...the rationale we always hear the left whining about is that “you don’t need to carry a gun; that’s what the POLICE are for...”

Throw their own words back in their faces.

Their job is to draw the chalk line around your corpse and then fill out the necessary paperwork in triplicate.

The only person responsible for your safety is you. You are the First Responder.

I submit that if ANY one of those four people that this feral piece of sh*t “Maksim Gelman” murdered had had a gun, there wouldn’t be four dead and one stabbed. He’d be bleeding out on the subway floor and saving NY taxpayers a ton of money.

Bernard Goetz had it right back in the day.


49 posted on 08/03/2013 8:46:20 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: marktwain

To Protect and Serve ... myself!


50 posted on 08/03/2013 8:47:07 AM PDT by Mr Ramsbotham (I'll retire to Bedlam.)
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