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Old 07-26-2013, 09:47 PM  
KILLER_CLOWN KILLER_CLOWN is offline
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Zero for hero: Judge snubs man hurt stopping 'Butcher of Brighton Beach'

By JULIA MARSH
Last Updated: 3:23 AM, July 26, 2013
Posted: 1:05 AM, July 26, 2013

He’s a bona-fide hero who stopped the so-called “Butcher of Brighton Beach” at the end of a 28-hour city killing spree — but a Manhattan judge yesterday said a father of two is entitled to zero from the city for his injuries in the harrowing 2011 subway encounter.

Joseph Lozito sued the NYPD in January 2012, claiming police officers did nothing to help him as he confronted violent madman Maksim Gelman on a packed No. 3 train.

But Judge Margaret Chan tossed the case yesterday, saying that while she lauded Lozito’s bravery, cops did not have a specific charge of saving him from Gelman.


NYPD SCREW: Joseph Lozito (above) sued the NYPD for not helping him when he fought killer Maksim Gelman.

Because “no direct promises of protection were made to Mr. Lozito,” the police had “no special duty” to protect him.

The psycho killer was sentenced to 200 years to life in prison for carving up Lozito with a knife and killing four other people in a drug-fueled spree.

Chan added, “The dismissal of this lawsuit does not lessen Mr. Lozito’s bravery or the pain of his injuries. It merely provides a resolution to this litigation.”

Lozito, 42, a martial-arts enthusiast, claimed cops hid in the motorman’s cab while he disarmed Gelman as the madman slashed at his face, hands, neck and head.

“Mr. Lozito heroically maneuvered the knife away from Gelman and subdued him on the subway floor,” Chan wrote in the Manhattan Supreme Court decision.

julia.marsh@nypost.com

http://www.nypost.com/p/news/local/z...7vSPG7f27c0jOO


Maksim Gelman
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Old 07-26-2013, 10:11 PM   #2
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The judge needs to be locked up.
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Old 07-26-2013, 10:16 PM   #3
KILLER_CLOWN KILLER_CLOWN is offline
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Quote:
Originally Posted by Xanathol View Post
The judge needs to be locked up.
Aren't these guys...

Because “no direct promises of protection were made to Mr. Lozito,” the police had “no special duty” to protect him.

Supposed to be sworn to protect and serve? Am I missing something?
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Old 07-27-2013, 04:34 AM   #4
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Old 07-27-2013, 05:21 AM   #5
CrazyPhuD CrazyPhuD is offline
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This is long established case law and short of a Supreme Court ruling it's not going to change. It's been established that, outside of a 'special relationship' existing, police have no duty to protect the average citizen. It's not really their job, they are there to enforce the law not to protect people.

If you want a far more anger inducing case here's one of the original court cases....

http://en.wikipedia.org/wiki/Warren_...ct_of_Columbia

Quote:
By a 4–3 decision the court decided that Warren was not entitled to remedy at the bar despite the demonstrable abuse and ineptitude on the part of the police because no special relationship existed. The court stated that official police personnel and the government employing them owe no duty to victims of criminal acts and thus are not liable for a failure to provide adequate police protection unless a special relationship exists. The case was dismissed by the trial court for failure to state a claim and the case never went to trial
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Old 07-27-2013, 05:37 AM   #6
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Quote:
Originally Posted by CrazyPhuD View Post
This is long established case law and short of a Supreme Court ruling it's not going to change. It's been established that, outside of a 'special relationship' existing, police have no duty to protect the average citizen. It's not really their job, they are there to enforce the law not to protect people.

If you want a far more anger inducing case here's one of the original court cases....

http://en.wikipedia.org/wiki/Warren_...ct_of_Columbia
That is the exact reason why you will never see protect and serve anywhere with law enforcement ever again. But morally it isn't quite that easy. If one person is being attacked physically, that probably means someone is committing a crime. It at least should raise the issue of probable cause that a crime is being committed. And that is all an officer needs to arrest is probable cause. They don't need any evidence to arrest, simply probable cause that you are or about to commit a crime.

A good test for any officer is how they view themselves personally. Do they view themselves as peace officers, or strictly law enforcement. I'll take a peace officer any day of the week.

What would you do?

Quote:
In the early morning hours of Sunday, March 16, 1975, Carolyn Warren and Joan Taliaferro who shared a room on the third floor of their rooming house at 1112 Lamont Street Northwest in the District of Columbia, and Miriam Douglas, who shared a room on the second floor with her four-year-old daughter, were asleep. The women were awakened by the sound of the back door being broken down by two men later identified as Marvin Kent and James Morse. The men entered Douglas' second floor room, where Kent forced Douglas to sodomize him and Morse raped her.

Warren and Taliaferro heard Douglas' screams from the floor below. Warren telephoned the police, told the officer on duty that the house was being burglarized, and requested immediate assistance. The department employee told her to remain quiet and assured her that police assistance would be dispatched promptly.

Warren's call was received at Metropolitan Police Department Headquarters at 0623 hours, and was recorded as a burglary-in-progress. At 0626, a call was dispatched to officers on the street as a "Code 2" assignment, although calls of a crime in progress should be given priority and designated as "Code 3." Four police cruisers responded to the broadcast; three to the Lamont Street address and one to another address to investigate a possible suspect.

Meanwhile, Warren and Taliaferro crawled from their window onto an adjoining roof and waited for the police to arrive. While there, they observed one policeman drive through the alley behind their house and proceed to the front of the residence without stopping, leaning out the window, or getting out of the car to check the back entrance of the house. A second officer apparently knocked on the door in front of the residence, but left when he received no answer. The three officers departed the scene at 0633, five minutes after they arrived.

Warren and Taliaferro crawled back inside their room. They again heard Douglas' continuing screams; again called the police; told the officer that the intruders had entered the home, and requested immediate assistance. Once again, a police officer assured them that help was on the way. This second call was received at 0642 and recorded merely as "investigate the trouble;" it was never dispatched to any police officers.

Believing the police might be in the house, Warren and Taliaferro called down to Douglas, thereby alerting Kent to their presence. At knife point, Kent and Morse then forced all three women to accompany them to Kent's apartment. For the next fourteen hours the captive women were raped, robbed, beaten, forced to commit sexual acts upon one another, and made to submit to the sexual demands of Kent and Morse
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Old 07-27-2013, 05:41 AM   #7
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Quote:
Originally Posted by KILLER_CLOWN View Post
Aren't these guys...

Because “no direct promises of protection were made to Mr. Lozito,” the police had “no special duty” to protect him.

Supposed to be sworn to protect and serve? Am I missing something?
I do believe that is the motto of the police. So my question is, when someone calls 911, does that establish the "special relationship"? If it does not, then what is the point of 911?
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Old 07-27-2013, 06:25 AM
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Old 07-27-2013, 06:34 AM   #8
RaiderH8r RaiderH8r is offline
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Police aren't there to protect you. They show up to clean up the mess. Protection is your own responsibility. It ain't right but it is reality. Police are pretty ****ing useless if you are in immediate trouble.
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Old 07-27-2013, 08:01 AM   #9
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Yep. Urban cops are armed for self-defense. Unless they outnumber you 10-1. Then they get brave.

You disarm the psycho, buddy. We'll be cowering in fear in the next car. Later, we'll ticket you for assault.
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Old 07-27-2013, 09:53 AM   #10
KILLER_CLOWN KILLER_CLOWN is offline
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I bet if he had beaten the perps brains in he would be tried for murder, anyone else think that may be the case?
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Old 07-27-2013, 10:48 AM   #11
RaiderH8r RaiderH8r is offline
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Quote:
Originally Posted by KILLER_CLOWN View Post
I bet if he had beaten the perps brains in he would be tried for murder, anyone else think that may be the case?
And it would be a national news story, with presidential commentary, if the perp had also been black.
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Old 07-27-2013, 10:52 AM   #12
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Old 07-27-2013, 11:12 AM   #13
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Funny how it's our obligation as a citizen to help a police officer when in need.

For instance if you see someone beating the hell out of a police officer to the point he/she can no longer defend themselves, we're as citizens are supposed to intervene and help the officer since he can no longer take control of the situation and backup is nowhere to be found.

If I ever get into a situation like that I'll just walk away. Cops are revenue generators. They don't prevent crime they show up afterwards to document, investigate the scene to see if that leads the to catching the bad guy who may have gotten away depending the situation.

If you ask most street cops rarely in their careers do they see a real/violent crime as it's occurring. If they do it'll be something like a robbery of a convenient store that got out of hand and took longer than expected and there happens to be a cop 1 block away or something. But for the most part officers show up after the crime(s) already been committed.
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Old 07-29-2013, 01:10 PM   #14
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Old 07-29-2013, 02:21 PM   #15
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reason 5,001 to be armed.

Police aren't obligated to protect; not to mention their stellar and speedy response times.
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