April 30, 2016

In NY: No Duty to Protect

(GunNews.com) — A man who was brutally stabbed by Brooklyn subway slasher Maksim Gelman two years ago had his negligence case against New York City dismissed in court, 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 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.

Manhattan Supreme Court Justice Margaret Chan sided with the city, noting that there was no evidence the cops were aware Lozito was in danger at the time.

Comments
293 Responses to “In NY: No Duty to Protect”
  1. Related Site says:

    Either double major with journalism and creative writing, or a “good” school in an urban area where I could major in journalism and minor in creative writing? I’m only a sophmore in high school but I know I love to write and I don’t know what I’d enjoy more as an actual career, journalism or creative writing. What would be the best college for someone like me?.

  2. Can you type long blog posts on the PS3 web browser?

  3. george milton says:

    they were clearly BUSY giving one another BJs in the motor mans cab…

    • Donnie Meaders says:

      George, they say familiarity breeds contempt. Your contempt for law enforcement officers is obvious. Every day should be thank a cop day, with the exception of these two. They should be given a one way “pink” ticket out the door never to return to a law enforcement job again as they are worthless cowards. On behalf of those of us who are 110% dedicated to the oath we have taken, YOU’RE WELCOME!

  4. Donnie Meaders says:

    Excuse me, I meant Bag-a-donuts.

  5. butch says:

    Be a bit more charitable to the 2 cops. They could not see what was going on because there heads were between their legs kissing their backsides goodbye.

    • Donnie Meaders says:

      Charitable? They are a disgrace to the term cops. If they had any ethics and integrity, they would turn in their badge and take their cowardice somewhere else. They don’t deserve to be commissioned officers.

  6. howell clark says:

    lozito didn’t get much sympathy from bloomberg because even though he was a triumphant victim his perp didn’t use a gun. boy howdy would bloomy and his dragoons been all over this if only the perp had a gun.

  7. Earnst D. says:

    The only things Cops Serve and Protect are a Dozen Glazed Donuts, they will empty all four of their spare magazines via their Glock’s at anyone Not displaying a Brass Pass trying to get a Donut, But Joe citizen being beaten, stabbed, rundown, Gunned down in the street You Better protect yourself because they are not required to.

    I have seen this in many States over the last Several years the Police have no Duty to Protect individual citizens they have a bigger job of Law and Order(Handing out Tickets to make money for the City /State) and Anti terrorism/SWAT. You better know your State City/Local Laws regarding self defense and stay well within those should you be in harms way otherwise you get pounced on By Law and Order and dragged through hell’s half acre for doing what a Police Officer used to do to Protect Citizens, If everybody at the same time said BS i am not paying taxes until my protection and property protection is required again things would change but people these days can not all do one thing and stick to it for more than about 30 seconds, Pitiful .

    • Donnie Meaders says:

      What is pitiful Earnst is the generalization and stereotyping of ALL cops by your comments. I dare say that you don’t have the courage to pin on the badge and walk a foot in my steps, much less know what you are talking about. Yes, I will agree that Joe Bad-a-donuts Cops are out there but the vast, vast majority of us are good officers who demand nothing less than our best in the protection of citizens and their property which IS our duty. I don’t know what you do for a living but you would be aggravated if someone made a general statement about every single person in the world who does your job(that is if you even have one and not on the gubmint dole). It is people like you that have for decades and still do generalize about others of another race, heritage, sex, creed etc and need to spend more time looking at the man in the mirror! You have seen the enemy, and the enemy is YOU!

  8. Bill K. says:

    Sounds like the Virginia Tech campus police. Hiding behind cars and trees while a gunman shoots the students. Not 1 ran into the building. Cowards.

  9. Joe says:

    WHAT? I know 2 transit cops who would be getting a whipping when I recovered! And the court saying they did not know he was in danger. How about hiding in the motorcar watching the guy get brutally stabbed? Wasn’t that enough indication? In police work, that is what we call a clue! Scared he had a gun, THE GET ANOTHER JOB YOU COWARDS!!!!! And last time I checked, aren’t transit officers armed as well? If so, these SOBs should be fired for dereliction of duty!!!! Unbelievable if you ask me. This is one cop who is not only running scared, I live for the thrill of catching turds and would have been all over this if I were on the scene. Cops swear an oath and that demands and commands that you HAVE A DUTY TO PROTECT! Even the cops are becoming creeps worse than they ever have before. I am glad I am close to retiring because at times, I don’t even want to be associated with cops and the job anymore.

  10. Al says:

    This is a perfect example of ONE PERSON depending upon city employees to help and they are CHICKEN SHITS being locked up so they do not get hirt.

  11. Castle Rock v. Gonzales says:

    Castle Rock v. Gonzales, 545 U.S. 748 (2005), is a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. §1983 for failing to enforce a restraining order, which had led to the murder of a woman’s three children by her estranged husband.

    http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales

  12. Dominiator says:

    Welcome to the new America, where the criminals are scary and the cops are running scared!
    Where justice is unjust and injustice is just!

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