in another car.
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.
Absolute bleeping bullshit. From another article:
It later turned out that Howell and fellow officer Tamara Taylor, who
were part of the manhunt looking for Gelman(gee, what if they thought he had a gun what happened to 'no evidence they were aware Lozito was in danger'?), had locked themselves in
the front room with the conductor because they thought Gelman had a gun.
Lozito told the Philadelphia Inquirer,
"When the news was brought to my attention that police had an
opportunity to intervene and maybe prevent the whole incident, and it
was explained to me they chose to stay in the motorman's compartment
instead of coming out, I was very upset."
I would bloody think so.
Lozito sued for negligence, but city lawyers say his demand for
unspecified money damages should be tossed because the police had no
“special duty” to protect him or any individual on the train that
day—there's a long-standing legal precedent requiring cops to put the
public safety of all ahead of any one individual’s rights.
And there you have it. "Screw you, we have no duty to protect YOU! So just bleed and die, and we'll clean up the mess after."
"You don't need a gun, and you don't need to protect yourself, the police will do it!" my ass.
It's already been to the SCOTUS. The police have NO duty to protect the individual. They will investigate any crimes after the fact. Heaven forbid you should try to protect yourself. They'll investigate that too.
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