In the Name of Justice: New York subway hero case: Police have no duty to protect individuals

China Plus Published: 2018-04-26 14:07:52
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Joseph Lozito was dubbed as "the New York subway hero" for his role in the arrest in February 2011 of suspected serial killer Maksim Gelman. The killer lunged at him with a knife, stabbing Lozito seven times as he fought desperately for his life. Gelman was arrested by two NYPD officers at scene, who stayed a few steps away, not stepping in until Lozito got Gelman's knife away from him. The police didn't acknowledge Joseph Lozito's role in the arrest of Maksim Gelman, and even praised the two officers involved. Lozito sued the NYPD for malpractice a year later. His appeal was rejected because of the "Public Duty Doctrine", which in essence says that you can't bring a lawsuit against law enforcement if they fail to prevent a crime against you.

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