On February 12, 2011, Joe Lozito was stabbed seven times by serial killer Maksim Gelman and successfully halted Gelman’s killing spree. Two New York City police officers initially watched the scuffle without intervening. Now, the connection between Joe Lozito, New York City, the Supreme Court, and martial law is in the spotlight.
Last year, Joe Lozito filed a civil suit against the New York City Police Department, alleging that the police officers failed to come to his aid. The City of New York countered, saying that the police have no duty to protect citizens, and has filed a motion to dismiss the case.
Supreme Court Says NYPD Not Obligated
Before you join the outraged buzzing going on in social media, you should know that the City of New York is right.
That each person is responsible for his own defense against criminals has long been the law in the United States. The U.S. Supreme Court implied this in 1856, when it decided South v. Maryland, and held that a sheriff did not have a duty to protect an ordinary person, but only had a duty generally to uphold the Law. More recently, in Castle Rock vs. Gonzales, the Court reaffirmed that the government has no duty to protect the average person.
In these cases, and the others like them, the Supreme Court has indirectly upheld and re-affirmed Americans’ private and personal right to keep and to bear arms for self-defense purposes in accordance with recognition of citizens’ inalienable right so protected by the Second Amendment of the U.S. Constitution. For all practical purposes, the Constitution and existing case law implies that Americans are tasked with protecting and defending themselves, as the only duty of law enforcement is to keep the peace by upholding the law.
