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Jan 29 2013

No Legal Duty to Protect

In authoritarian lands where the US Constitution does not apply — New York, for example — people are told they don’t need their natural right to self-defense, because the government will keep them safe. Yet cops aren’t always going to be there, and sometimes it doesn’t help even if they are:

[NYC] 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.” …

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.

Police officers Terrance Howell and Tamara Taylor were part of a massive NYPD manhunt. They were in the operator’s cab, watching the tracks between Penn Station and 42nd Street for any sign of the fugitive. Lozito was seated next to the cab. …

The 42-year-old mixed-martial-arts fan says he watched Gelman approach the cab window, barking: “Let me in!” Gelman even claimed to be a cop, but a dismissive Howell turned away, he says.

Gelman walked off. A straphanger recognizing Gelman tried to alert the cops, but was also rebuffed. A minute later, Gelman returned and set his sights on the 6-foot-2, 270-pound Lozito.

“You’re going to die,” Gelman announced — then stabbed him in the face.

Lozito leapt from his seat and lunged at the 23-year-old Gelman as the psycho sliced at him. …

In his account, Lozito pinned Gelman to the floor, disarming him. Howell then emerged from the booth, tapping Lozito’s shoulder: “You can get up now,” he said.

“By the time he got there, the dirty work was already done,” Lozito said.

Gelman was convicted in the spree — which left his girlfriend, her mother, his stepfather and a pedestrian dead, and five others injured.

Lozito says a grand-jury member later told him Howell admitted on the stand that he hid during the attack because he thought Gelman had a gun.

Good thing none of Gelman’s victims had a gun. The maniac might have been hurt.

On a tip from Sean C.

28 Responses to “No Legal Duty to Protect”

  1. Larry says:

    This has long been established. The police only protect people in a special relationship with them, ie a prisoner or a person under arrest.

  2. Wilberforce says:

    Wouldn’t want to endanger that nice, fat pension waiting for them. Who would want to tangle with one of NYU’s finest loooo-yahs?

  3. Louie says:

    Police are like smoke detectors:

    They do not PROtect anyone against anything.

    They simply DEtect the events for which they were designed.

    PROtection is left to the individual.

    As it should be.

  4. Louie says:

    “. . . .he (the cop) hid during the attack because he thought Gelman (the bad guy) had a gun.”

    Pussy. . . .

  5. Louie says:

    Two to the chest, one to the head. Problem solved.

    WTF do they teach these guys in cop school, anyway?

  6. justme says:

    And some of you guys think I make up the stuff about NYPD???

    NYPD only exists to write tickets, anything involving crime is your own fault ie you shouldn’t have owned that or you shouldn’t have been there or done that – nothing they can do..

  7. born in 76 says:

    Don’t worry, all is safe.

    NYPD places full body scanners on the streets

  8. StanInTexas says:

    Police carry gun to protect THEMSELVES, not to protect you.

    Please do not be fooled into thinking that this only occurs in New York!

  9. Rusty Bill says:

    Surprise! Surprise! Well, not really…

    From a paper I wrote in 1995:

    In 1959, Linda Riss of New York City was stalked and threatened by a former boyfriend. Despite repeated pleas to the New York City Police Department for protection, which were denied, the boyfriend eventually blinded her in one eye and left her face permanently scarred. The Court of Appeals of New York ruled that Linda Riss had no right to protection since such a right would impose a crushing economic burden on the government. Only the legislature could create a right to protection:

    “The amount of protection that may be provided is limited by the resources of the community and by a considered legislative-executive decision as to how these resources may be deployed. For the courts to proclaim a new and general duty of protection …even to those who may be the particular seekers of protection based on specific hazards, could and would inevitably determine how the limited police resources of the community should be allocated and without predictable limits.”

    Judge Keating dissented, bitterly noting: “What makes the city’s position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry any weapon for self-defense. Thus, by a rather bitter irony she was required to rely for protection on the City of New York, which now denies all responsibility to her.” Riss v City of New York 293 N.Y. 2d 897 (1968)

  10. JW M says:

    Police have no responsibility to protect individuals (reference)
    Public Rights ^ | 2005 | compiled by Neal Seaman

    Posted on Tue 26 Feb 2008 04:14:25 AM MST by NewJerseyJoe

    Police have no legal duty to respond and prevent crime or protect the victim. There have BEEN OVER 10 various supreme and state court cases the individual has never won. Notably, the Supreme Court STATED about the responsibility of police for the security of your family and loved ones is “You, and only you, are responsible for your security and the security of your family and loved ones. That was the essence of a U.S. Supreme Court decision in the early 1980’s when they ruled that the police do not have a duty to protect you as an individual, but to protect society as a whole.”

    “It is well-settled fact of American law that the police have no legal duty to protect any individual citizen from crime, even if the citizen has received death threats and the police have negligently failed to provide protection.”


    On June 27, in the case of Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did not have a constitutional right to individual police protection even in the presence of a restraining order. Mrs. Gonzales’ husband with a track record of violence, stabbing Mrs. Gonzales to death, Mrs. Gonzales’ family could not get the Supreme Court to change their unanimous decision for one’s individual protection. YOU ARE ON YOUR OWN FOLKS AND GOVERNMENT BODIES ARE REFUSING TO PASS THE Safety Ordinance.

  11. Katya Kakhov says:

    They call it self defense , because YOU do it .

    Go boolits ! !

  12. OldmanRick says:

    And this Howell character is still a cop – one of New York’s finest?

  13. Wizard45 says:

    Rusty Bill: A little “update” on your paper. I saw in the Chicago paper last week that Linda Riss died. Would you believe she later married her “stalker” and was still married to him at the time of her death?

  14. Bo-Jangles says:

    The MSM exposed, and, by a liberal. This is for the 2 or 3 people on the planet who didn’t know this.

  15. St. Gilbert says:

    Meanwhile, Bloomberg’s got plenty of armed, NYPD security.

    (Offering him a sip from his Big Gulp was a nice touch.)

  16. Dr. 9 says:

    The reason one of NYC’s nitwit lawyers would make that statement is simply an attempt to protect the city and the two black officers who didn’t want to get involved, (not uncommon for black officers here) from being sued.

    “To Protect And Serve” is not just some cute saying dreamed up by the LAPD. It should be the #1 priority of every professional police officer. In fact, with the NYPD, it always was, until that is, stringent entrance qualifications were replaced by diversity, affirmative action, and political correctness.

  17. Ummah Gummah says:

    Wilberforce says:
    January 29, 2013 at 6:11 am
    Wouldn’t want to endanger that nice, fat pension waiting for them. Who would want to tangle with one of NYU’s finest loooo-yahs?

    You have no idea how many of them move down to Margaritaville in their early 50s. They love to hang out at the local bars, boasting: “I’ve got a really great deal”.

    Heard it too many times..

    No mention that said deal comes out of someone else’s pocket.


  18. justme says:


    They do not respond to 911 calls.. They do not respond to calls about armed teenagers casing houses, men breaking into cars, break-ins – they actually tell us to shut up and just report it to your insurance.

    NYPD is not here to help you – they only help themselves. I am sick and tired of hearing the “few bad apples” comparison. The whole bushel is rotten from the fruit tree of the Queen Mayor and his Puppet Kelly on down. Don’t buy their bullshit, for every case of police wrongdoing, criminality, dereliction of duty and abuse of power that is reported – there are many multiples more that are never covered or reported – it is the price NYers pay to be in the kingdom of the Queen.

  19. Tax Slave says:

    What? No demand from the Left to ban assault knives?

  20. Ummah Gummah says:


    NY is only going to get worse. BloomBORG has anointed his successor: demonRAT Grossie lookalike NYC Council Speaker Christine Quinn.

    Wait and see..

    I knew why I got out of Dodge.


  21. facebkwallflower says:

    Have you been introduced to Nutnfancy? They fun-gun vids?

  22. facebkwallflower says:

    Wow, lots of information in these comments; thanks.

  23. Maudie N Mandeville says:

    Terrance Howell and Tamara Taylor, Obama’s affirmative action police force. Disarm and die.

  24. master of sinanju says:

    HHHMMMNNN……. what was the “cops” ethnicity?

  25. master of sinanju says:

    No, not just coward.

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