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 ...
March 24th, 2011 01:15 PM
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.
“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
March 24th, 2011 04:38 PM
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 ;)
Originally Posted by Fitch
March 24th, 2011 05:37 PM
Originally Posted by azchevy
Which is what these guys were talking about here,
Financial Liability for No Guns Allowed signs? GRPC Notes #3
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.
If you want to make God laugh, tell him your plans.
Washington didn't use his freedom of speech to defeat the British, He shot them!
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy." -- Ernest Benn
March 24th, 2011 06:04 PM
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.
Originally Posted by azchevy
The more good folks carry guns, the fewer shots the crazies can get off.
Glock 30, 19, 26; Ruger SP101, LCR, LCP (2), Mini 14; Marlin 336 .30-30; Mossberg 500
March 26th, 2011 09:17 PM
So much for "Protect And Serve".
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