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

[marktwain]

A man who was brutally stabbed by Brooklyn subway slasher Maksim Gelman two years ago had his negligence case against the city dismissed in court yesterday, despite the fact that two transit officers had locked themselves in a motorman's car only a few feet from him at the time of the attack.

Gelman stabbed Joseph Lozito in the face, neck, hands and head on an uptown 3 train in February 2011, after fatally stabbing four people and injuring three others in a 28-hour period. Lozito, a father of two and an avid martial arts fan, was able to tackle Gelman and hold him down, and Gelman was eventually arrested by the transit officers. Lozito sued the city, arguing that the police officers had locked themselves in the conductor's car and failed to come to his aid in time.

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.

[marktwain]

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.

[a fool in paradise]

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.

[Walkingfeather]

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.

[Fester Chugabrew]

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

[FlingWingFlyer]

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

[NonValueAdded]

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.

[GlockThe Vote]

Cops are mostly cowards and tnis is news?

[marktwain]

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.

[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,.

[Mercat]

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.

[djf]

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

Revenue enhancement?

[chris37]

Well he should have Stood His Ground.

[Stevenc131]

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

[NonValueAdded]

I guess that applies to lifeguards, too.

[Sir Napsalot]

So the motto of the story is ‘get a bigger knife’ a la Crocodile Dundee in NY?

[Navy Patriot]

These cowards have only one duty and that is to protect Bloomberg and his minions.

[Pearls Before Swine]

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.

[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.

[DaiHuy]

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

Revenue enhancement?”

You hit the nail squarely on the head sir.

[<1/1,000,000th%]

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.