NYC Subway Hero Says Police Initially Left Him to Fend for Himself Against Killer - Page 2

NYC Subway Hero Says Police Initially Left Him to Fend for Himself Against Killer

This is a discussion on NYC Subway Hero Says Police Initially Left Him to Fend for Himself Against Killer within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; The lawsuit against the police will go no where. There are at least 5 SCOTUS decisions (maybe 7?) that say the police have no duty ...

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Thread: NYC Subway Hero Says Police Initially Left Him to Fend for Himself Against Killer

  1. #16
    Distinguished Member Array Fitch's Avatar
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    The lawsuit against the police will go no where. There are at least 5 SCOTUS decisions (maybe 7?) that say the police have no duty to protect anybody. Period. Suing the police, regardless of their failure to perform under any conditions, is a non starter. See: So You Think The Police Are Bound To Protect YOU , third paragraph. His lawyer should know better than to do this.

    The cases where SCOTUS made this ruling are way worse than this one. This one will go noplace.

    The way the justice system is set up is actually quite simple: The general public act as bait. If a criminal takes the bait the police have a duty to investigate and attempt to apprehend the predator as a matter of general public safety, but they don't have a duty to protect any specific individual from harm. This is exactly why the second amendment is in place to protect our right to defend ourselves from harm. With out the right to defend ourselves there is no provision for personal protection anyplace under the law.

    Fitch
    “The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety), by menacing it with an endless series of hobgoblins, all of them imaginary.” by H. L. Mencken


  2. #17
    Ex Member Array azchevy's Avatar
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    Quote Originally Posted by Fitch View Post
    The lawsuit against the police will go no where. There are at least 5 SCOTUS decisions (maybe 7?) that say the police have no duty to protect anybody. Period. Suing the police, regardless of their failure to perform under any conditions, is a non starter. See: So You Think The Police Are Bound To Protect YOU , third paragraph. His lawyer should know better than to do this.

    The cases where SCOTUS made this ruling are way worse than this one. This one will go noplace.

    The way the justice system is set up is actually quite simple: The general public act as bait. If a criminal takes the bait the police have a duty to investigate and attempt to apprehend the predator as a matter of general public safety, but they don't have a duty to protect any specific individual from harm. This is exactly why the second amendment is in place to protect our right to defend ourselves from harm. With out the right to defend ourselves there is no provision for personal protection anyplace under the law.

    Fitch
    If they sue on the grounds that the city denied him his right to keep and bear arms and therefore protect himself from this attack, he may get somewhere ;)
    oneshot likes this.

  3. #18
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    Quote Originally Posted by azchevy View Post
    If they sue on the grounds that the city denied him his right to keep and bear arms and therefore protect himself from this attack, he may get somewhere ;)




    ^^^^^^^^^Excactly^^^^


    Which is what these guys were talking about here,


    Financial Liability for No Guns Allowed signs? GRPC Notes #3
    Background

    Chunk Klein, along with a few others successfully challenged the status quo on the Right to Keep and Bear Arms in Ohio several years ago. This challenge led to the passage of a concealed carry law in Ohio. Until that time there were no provisions for concealed carry in the Buckeye State and those that openly carried a sidearm were often charged with something akin to "disturbing the peace" or "inciting a panic". There was nearly no way a citizen in Ohio could legally exercise the Right to Keep and Bear Arms without running afoul of the law.

    Ultimately the state Supreme Court ruled that those in power could not have it both ways;

    No statutory allowance for concealed carry and punishment for open carry.


    Chuck Klein, Author, Private Investigator (ret.)| Home
    Chuck klein seems like a smart guy, who is able to get things done.
    Maybe they could use him in NYc
    Info is from 4 pg.s of saved material from a blog.
    PM me if you want the rest emailed to you.
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    Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy."

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  4. #19
    VIP Member Array 10thmtn's Avatar
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    Quote Originally Posted by azchevy View Post
    If they sue on the grounds that the city denied him his right to keep and bear arms and therefore protect himself from this attack, he may get somewhere ;)
    ONLY if the victim tried to get a pistol permit, and was denied. Otherwise, I don't think he would have standing to sue on these grounds. Of course, I'm not a lawyer.
    The more good folks carry guns, the fewer shots the crazies can get off.
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  5. #20
    VIP Member Array Sig 210's Avatar
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    So much for "Protect And Serve".

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