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Joseph Lozito, the man being dubbed a hero for helping disarm and capture a New York man accused of going on a 28 hour stabbing spree, says that watching mixed martial arts fights for 20 years may have saved his life.
Lozito used his leg to sweep Maksim Gelman off his feet when the accused killer lunged at him on a subway car with what Lozito described as a "giant knife."
The city routinely settles such litigation but is playing hardball with Lozito, insisting his demand for unspecified money damages be tossed because the police had no “special duty” to protect him or any individual on the train that day.
“Under well-established law, the police are not liable for such incidents,” said city lawyer David Santoro. “That doesn't detract from the Police Department's public safety mission -- or the fact that New York is the safest big city in America."
Experts say it’s a long-standing legal precedent requiring police to put the public safety of all ahead of any one individual’s rights.
case that held police do not have a duty to provide police services to individuals, even if a dispatcher promises help to be on the way, except when police develop a special duty to particular individuals.
Warren vs District of Columbia
Warren v. District of Columbia (444 A.2d. 1, D.C. Ct. of Ap. 1981) is an oft-quoted District of Columbia Court of Appeals (equivalent to a state supreme court) case that held police do not have a duty to provide police services to individuals, even if a dispatcher promises help to be on the way, except when police develop a special duty to particular individuals.
establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity,