Police Have No Duty To Secure The Life Of Americans From Threat Of Physical Harm

Opinion

Knife Attack Terror Mugger
Police Have No Duty To Secure The Life Of Americans From Threat Of Physical Harm

New York – -(AmmoLand.com)- Two decades-old court cases, one from New York and the other from California, lay bare the sad truth: Police have no duty to secure the life of Americans from the threat of physical harm even upon notice of imminent harm.

  • In the New York case, the police responded to the imminent threat posed to a young woman but did so too late.
  • In the California case, the police did not respond to the call for immediate protection at all; blatantly shrugging it off.

Consider, first, the facts of the 1968 case, as laid out in detail by the dissenting judge, in Riss vs. New York:

“Linda Riss, an attractive young woman, was for more than six months terrorized by a rejected suitor well known to the courts of this State, one Burton Pugach. This miscreant, masquerading as a respectable attorney, repeatedly threatened to have Linda killed or maimed if she did not yield to him: ‘If I can't have you, no one else will have you, and when I get through with you, no one else will want you’. In fear for her life, she went to those charged by law with the duty of preserving and safeguarding the lives of the citizens and residents of this State. Linda's repeated and almost pathetic pleas for aid were received with little more than indifference. Whatever help she was given was not commensurate with the identifiable danger. On June 14, 1959 Linda became engaged to another man. At a party held to celebrate the event, she received a phone call warning her that it was her ‘last chance’. Completely distraught, she called the police, begging for help, but was refused. The next day Pugach carried out his dire threats in the very manner he had foretold by having a hired thug throw lye in Linda's face. Linda was blinded in one eye, lost a good portion of her vision in the other, and her face was permanently scarred. After the assault the authorities concluded that there was some basis for Linda's fears, and for the next three and one-half years, she was given around-the-clock protection.”

A little late in the day for police protection, no? Linda’s life was forever ruined.

Two members of the Court of Appeals, the Majority, sided with the police, affirming the decision of the trial court, against Riss even though the Court acknowledged that New York had removed application of the doctrine of sovereign immunity through which the government is immune from liability to individual members of a community. No matter. The Court inferred the State was still immune from liability under straightforward tort principles because, as the Court majority opined, the duty to protect the New York public does not extend to protection of individual members of the public, in the absence of an exception, carved out by the Legislature. And the Court’s Majority found none.

The Dissenting Judge took strong exception to the Court Majority’s ruling, saying the ruling was nothing more than a “question-begging conclusion,” grounded on mere policy matters. “It is not a distortion to summarize the essence of the city's case here in the following language: ‘Because we owe a duty to everybody, we owe it to nobody’. Were it not for the fact that this position has been hallowed by much ancient and revered precedent, we would surely dismiss it as preposterous. To say that there is no duty is, of course, to start with the conclusion. The question is whether or not there should be a liability for the negligent failure to provide adequate police protection.”

The Dissenting Judge said the case should have been remanded to the trial Court. He opined that, since the police had “actual notice of danger and ample opportunity to confirm and take reasonable remedial steps, a jury could find that the persons involved acted unreasonably and negligently. . . . Linda Riss is entitled to have a jury determine the issue of the city's liability.” But Riss never received that opportunity.

The second seminal case, a 1975 California case, Hartzler vs. City of San Jose, involved a wrongful death action.

These are the facts of the case, as set forth verbatim by the Court:

“In a wrongful death action against a city, it was alleged that decedent telephoned the main office of the city police department and reported that her estranged husband had called her, saying that he was coming to her residence to kill her. Decedent requested immediate police aid, but the department refused to come to her aid at that time, and asked that she call the department again when her husband had arrived. Approximately 45 minutes later, the husband arrived at decedent's home and stabbed her to death. Some time later, the police arrived in response to the call of a neighbor. The trial court entered a judgment of dismissal, following the sustaining of the city's demurrer without leave to amend.

The police told the decedent to call the police when her husband arrived? What good would that have done? The blasé attitude of the San Jose police borders on reckless disregard for the life and well-being of an innocent American the police could have secured, but didn't. Nonetheless, the Court ruled in favor of the City against the decedent’s estate. Why did the Court of Appeals find against the decedent’s estate?

In the California Official Reports Summary, we learn that “the claim was barred by the provisions of the California Tort Claims Act, particularly Gov. Code, § 845, providing that neither a public entity nor public employee is liable for failure to provide police protection service or for failure to provide sufficient police protection service, and concluded that the police department enjoyed absolute, not merely discretionary, immunity.”

The California Court of Appeals held that in the absence of a “special relationship” owing between the police, as a governmental entity, and an individual, the State enjoys “absolute immunity” from liability. The Court, having found no special relationship existing between the deceased woman and the police, affirmed the dismissal of the suit for wrongful death. So, where does that leave us, average, law-abiding, responsible, rational Americans?

If The Police Don’t Have The Legal Duty To Protect Innocent, Law-Abiding Americans, It Is Irrational To Argue Americans Ought Not Have Firearms For Their Own Defense.

It is mind-boggling that jurisdictions like New York and California would frown on civilian ownership of firearms for self-defense and yet find, as a matter of law, that the police have essentially no duty to provide that protection to innocent members of a community even when the police are on notice of a real and imminent threat to human life and well-being and fail to provide that protection.

Leftist Antigun governments and antigun proponents hide from the public that police have essentially no legal duty to protect individual members of a community even when placed on notice of imminent threat to human life.

Instead, Leftists perpetuate a myth that police do provide a community with all the safety the members of a community need and, so, the individual members of a community don’t need guns for self-defense.

When Leftists argue they wish to rid the Nation of civilian ownership and possession of firearms, they claim they only wish to do so for the sake of public safety and public order. And the compliant, seditious Press consistently, incessantly, repetitively, and nauseatingly drums this nonsense into the ears of the public.

That, then, is what Leftists and their friendly travelers in the Press say, but what do they really mean? Simply this: they are referring to the public as a Collective, a Hive. Leftists don’t give a damn about the life, safety, and well-being of individuals who comprise the public.

If Leftists did give a damn, they would either encourage civilian ownership of firearms for self-defense, as the police have no duty to safeguard the life of individual Americans, or these Leftists would amend the laws of their jurisdiction, concerning police duty, making clear that police do owe a duty of care to the individual members of a community, to protect the life, safety, and well-being of those members of a community. Leftists, if they truly gave a damn about the life and welfare of the American citizenry, would make clear that police and other Government officials are wholly accountable to the individuals of a community—that is to say, they will be held legally liable—for such injury or death resulting from the breach of that duty. But we see no such thing happening on either account.* So, who are these Leftist scoundrels kidding?

*Recent Bail reform measures in Leftist jurisdictions, like New York and California, together with the election or appointment of Soros financed activist Leftist prosecutors who refuse to prosecute crime, further complicate efforts by police to provide even a modicum of protection for the welfare of the public, the Collective. And, since the police do not have, and never did have, a legal duty to protect any individual member of a community, even when on notice of imminent threat to the life and well-being of that individual, means that the onus of personal protection, now more than in the previous century, rests upon each American. Yet, Leftists still bizarrely argue for constraining average, law-abiding, responsible, rational Americans from possessing firearms for their own defense and for the defense of their families.

So where does this leave Americans since police have absolutely no duty, except in extraordinarily few, extremely rare instances, to provide personal protection to individual Americans—apart from the personal protection they routinely provide to certain Government officials, like Mayors and Governors—and where average, law-abiding, innocent American citizens who cannot afford the services of a licensed and armed personal bodyguard are discouraged by Radical Left Marxists, Socialists, and Communists, and by the New Progressive Left, from providing for their own armed defense?

So based on these legal truths, are you armed yet?


Arbalest Quarrel

About The Arbalest Quarrel:

Arbalest Group created `The Arbalest Quarrel' website for a special purpose. That purpose is to educate the American public about recent Federal and State firearms control legislation. No other website, to our knowledge, provides as deep an analysis or as thorough an analysis. Arbalest Group offers this information free.

For more information, visit: www.arbalestquarrel.com.

61
Leave a Reply

Please Login to comment
9 Comment threads
52 Thread replies
2 Followers
 
Most reacted comment
Hottest comment thread
13 Comment authors
OldvetStWayneUSAKnuteChas Recent comment authors
  Subscribe  
Notify of
StWayne
Member
StWayne

We are reverting back to a time of choice, when even the fire departments had to fight each over over who gets to the fire first. And even then, the winner was paid in cash before they unleashed the water brigade. What next? Cops who take credit cards as a method of speeding up response times? Oh how I hate giving them ideas.

USA
Member
USA

StWayne, The police are fighting the firefighters like rival gangs in the streets of France in the event people haven’t seen this yet on the internet. It’s quite entertaining.

StWayne
Member
StWayne

Yes. On your advice I checked it out, and they are: just not sure why. But I’ll be looking into it further. Weird thing is is that France is already a socialist country. Isn’t that supposed to be idyllic? Gawdelpus. WWIII looms on the horizon.

USA
Member
USA

StWayne, It’s not so much the war I look forward to but rather the fishing afterward.

Oldvet
Member
Oldvet

Gotta think the muslimes will be involved somehow or other .

USA
Member
USA

StWayne & Ov, You guys are funny, looool.

USA
Member
USA

Permit, Registration and Right to Bear Arms attached!
The future belongs to Patriots!
Restore the Republic for which it stands, one nation under God!

Reasonable_Man
Member
Reasonable_Man

I love to say: “Love God, Love Family, Love Guns.” Everything you need to know is there if you will dive into all three. Don’t seek out trouble, but be prepared to deal with it decisively. We are to be gentile as lambs but cunning as serpents.

RoyD
Member
RoyD

Luke 22:36 King James Version (KJV)
Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

CourageousLion
Member
CourageousLion

The protect and serve statement on many of their patrol vehicles isn’t meant for US, it’s meant for the locality they work for. Or should I say, to protect and serve themselves with nice pensions for a job that is safer then a line worker.

tj
Member
tj

your duty is always to protect yourself. Why would you rely on others to protect you. Learn self defence and by all means GET A GUN and learn to use it

Deplorable Bill
Member
Deplorable Bill

I knew this to be fact here in Az. but I did not know it was national. If the cops don’t have to protect you what choice do you have but to protect yourself. If you happen to live in some communist state that doesn’t recognize your right to self defense or your right to keep and bare arms you might want to consider being civilly disobedient and carry anyway. Bullets are cheaper than funerals. WE are the first responders. Arm up, carry on.

USA
Member
USA

DB, I agree and I can’t help but note that those who declare they are “law abiding” perfect citizens are refusing to comply to many new “gun control” laws thus making them no longer “law abiding” while they continue to declare “law abiding” status. The illusion of perfection by “law abiding” perfect citizens seems to be shot down in flames, DOA. Civil disobedience is a wonderful thing and when the perfectly “law abiding” Kool-Aid gulpers get off their high horses of perfection we can get on with this show. Mass civil disobedience is the righteous path to salvation. Lock n… Read more »

CourageousLion
Member
CourageousLion

Boy, I’d sure like to know who the communists are on here that keep voting down statements like yours! I knocked it back to zero anyhow.

StWayne
Member
StWayne

Me too, so I bumped it up plus one.

Wild Bill
Member
Wild Bill

Here is a second drumstick!

Oldvet
Member
Oldvet

Another for each of you

USA
Member
USA

@Gentlemen, It’s odd how their down votes don’t stop our opinions and show their presence thus revealing we are over the target.

CourageousLion
Member
CourageousLion

I’ve been carrying since I was 21 in many places it was “unlawful” (read that against some elite edict). I guess I’m just a bad run away slave.

Chas
Member
Chas

Absolutely!! I lived in Illinois many, many years before they had “Mother, may I?” cards and carried anywhere I saw fit long before I was 21!!! And from Virginny to Cali!
I now reside in GA.

StWayne
Member
StWayne

Chas, follow Deplorable Bill’s advice to arm up and carry on wherever you go, and you’ll be all right. One just never knows when shit will hit the fan.

Will Flatt
Member

Leftists’ demands for pure political correctness excludes the possibility of rationality. Courts say the police have no duty to protect because we can never have enough police to be everywhere all the time to guarantee safety, and even if they could the result would still be tyranny in lieu of safety. Natural Law dictates that everyone is responsible for their OWN safety. The job of the police is to investigate violations of people’s rights (force, fraud or theft) and arrest the violators AFTER THE FACT, assuming they aren’t lucky enough to be in close proximity when the crime occurs. Any… Read more »

USA
Member
USA

WF, Looks like were all over the target today Patriot. We fired our entire police force and closed the office and now down to a couple dozen Sheriffs Deputy’s and looking to dump half of them to keep the harmony in nature. As it is the closest one is an hour away up hill both ways so it’s real good here.

Wild Bill
Member
Wild Bill

@USA, Which city fired their police force?

USA
Member
USA

WB, Walsenburg CO. Only less tyrant Deputies working here now so it’s pretty good. No complaints. Shoot outs in the street in front of the Sheriffs house and horrific violent crime but I like it here.

USA
Member
USA

Lot’s of Vets here which is good but you would not like the spelling of the local citizens, it’s terrible. Loool.

Knute
Member
Knute

Where I live (Glasgow Montana) the first local Police chief was a man 6’5″ with a German Shepard and a big stick. No firearms except rifles at the dept. He kept order by himself, while the Fort Peck dam was being built and the population was double what it is today, and most of them out-of-state neer do wells. Today, the dept has 29 officers for half as many people and complain of overwork. What I want to know is; Is it possible that Chief Baynum in 1930 was really THAT good (29+ times better than today), or is it… Read more »

USA
Member
USA

Knute, Around here it is cartel, gangs, clubs and Freemasons. None are good all are bad and they will chop people up in pieces, kidnap people, knock on your door saying they are police to open up then you’re in deep shit, burn people up in their vehicles out some dirt road, smash in peoples faces with baseball bats, invade your property in numbers in the middle of the night and so on and they play space alien games here and get in the statewide msn and on radio with their psyops. It is the wild wild west.

CourageousLion
Member
CourageousLion

You need to get a few guys with balls to do some VIGILANTE justice where you are at. Clean the gangs out with one fells swoop during a meeting.

USA
Member
USA

CL, I am removed from all of it for the most part with exception to the space alien crew of which there is a line far off over there of which is held secure by the ugly stick. Situational awareness and solid opsec goes along way here to staying out of a ditch face down choking up ones own blood.

Knute
Member
Knute

Interesting that you should mention freemasonry. When I first became aware of many of these strange histories, back in the 1990s, I found the freemason lodge in Glasgow. It was upstairs above a beauty salon. The only marking was a masonic plaque on the corner of the building. The punch line is, the founding date of the Glasgow chapter was 2 years before Glasgow was founded. They were the first thing here, other than a few trappers and some Injuns (Native Americans, not Hindus 🙂 ). They even beat the railroad by a year, not that they didn’t already know… Read more »

USA
Member
USA

Knute, Like all things corrupted there comes a time when the corruption exceeds reasonable boundaries and must be eradicated. My attorney has advised me that I’m on the list also. This is how we know for sure that we are on the right side of humanity and God. They hunt people on the list in Colorado so I hope it’s safer where you are brother.

USA
Member
USA

What if disarmament laws prevent Americans from being armed, should Americans disobey these laws and arm up regardless of them and if they did arm up regardless of these laws would this make them no longer “law abiding”? What exactly are the parameters of this vague terminology referenced as “law abiding”? If one must be “law abiding” to be in possession of a weapon does this mean only perfect citizens have the right to self defense? Is obedience to un-constitutional laws the requirement for qualifying as “law abiding”?

Finnky
Member
Finnky

I’ve stopped using the term “law abiding”, except to extent one is complying while biding their time until laws become overly onerous.
Now prefer to refer to honest, moral, or upstanding citizens. These terms speak to the nature of one’s character without constraint of blind obedience to unjust laws.

USA
Member
USA

Finnky, The “Law Abiding” Kool-Aid that I hear so much here seems to be having an adverse affect on me in that I’m suddenly finding the urge to not obey the law. I’m suddenly running traffic lights and stop signs for the first time in my life and I can’t help but be concerned that I might become a career criminal if I keep hearing this Kool-Aid term. Firearm Policy Coalition is currently telling the court in cases filed there is no such requirement as virtuous citizenry to have rights so I hope others will stop using this cultural Kool-Aid… Read more »

Knute
Member
Knute

“Legal”, yes. But yet also unlawful. Lawful has to do with the law. Legal means by statute (codes like the UCC, Montana Codes Annotated, etc. None of those are law books, even though they reside in a place we call a “law library”). Yet nowhere, in those codes of millions of statutes, will one ever find the word “statute”. It is a made up term, of whatever definition one can get a sheeple to believe. The confusion is necessary to maintain their hold on the people, who are now very visibly in the process of throwing off this ages old… Read more »

CourageousLion
Member
CourageousLion

Good one and SOOOOOO true.

CourageousLion
Member
CourageousLion

I reside out in the country a bit. Certain stop signs I run all the time because you can see in both directions for a mile. The only reason I’ll stop is to avoid running into someone. As for stop lights…there have been many I’ve came to that had empty intersections that I proceeded through. I figure if there aren’t any policy enforcers sitting there, who am I hurting?

USA
Member
USA

CL, I was 3rd in line out of 4 deep driving near the containment zone yesterday when the first vehicle drove right though a stop sign and the vacuum it created pulled us 3 behind him through it as well then on to the next sign the same thing occurred and then through a red traffic light we all 4 went and right through the next stop sign before all going our separate ways so it looks like the rebellion is spreading quite nicely. This should be a clear sign to tyrants of what can happen if we get genuinely… Read more »

Oldvet
Member
Oldvet

@USA…Weren’t any of you driving White Cherokee’s were you .

Knute
Member
Knute

I actually live miles outside of Glasgow. The official “middle-of-nowhere” has too many neighbors for me. If I can’t piss in my yard, then people are too close to me. But my mail comes through Glasgow, so that’s my address. Anyway ten years back they put stop signs up on the Glentana gravel road! One can see for miles in all directions, but they put up a sign anyway, like the brainless idiots that they are. I just ignore such babble, and I’ve noticed, so does everybody else on that road. “I am free, no matter what rules surround me.… Read more »

Oldvet
Member
Oldvet

Must be something in the kool-aide They put up stop sign on my gravel road , and two orange flags like traffic controllers use , and a yellow one that says NEW . The nearest town is 8 miles away .

USA
Member
USA

Ov, Find a use for the post, they will bring more.

Oldvet
Member
Oldvet

@USA,,,I fear I know what the cause is . They are building a “wedding venue” down the road . They may be planning on lots of city slicks roaming around who don’t know anything . I was called for jury duty once on an accident at a rural corner. The prosecuting att was blaming a young girl for driving down the middle of the road . (like we have lane markers and fog lines and such on sand roads) . The plaintiff was a rural mail man there was a corn field on that corner , but you know he… Read more »

Wild Bill
Member
Wild Bill

@Gentlemen, Law abiding is an old term that survives while times, government, and politicians change. Law abiding depends as much on the type of law as it does the people involved. First, to be law, the legislative act must be Constitutional or it is nothing at all. Second, malum prohibitum crimes are crimes only because of a statute, while malum en se crimes are bad in themselves and everybody recognizes them (e.g. robbery, theft, rape, murder). Most people want to be good neighbors, and do more than “the law” requires. Some tiny percentage don’t. Malum prohibitum is where the problem… Read more »

Knute
Member
Knute

And one can add to that, that what most call “the law” now, is not. What most call “laws” are actually bureaucratic “regulations” ( but NOT LAWS) based on the Uniform Commercial Code (NOT laws… but codes). Codes that the citizens are not supposed to understand, but simply confuse for “The Law”. All the better to oppress the sheeple, who cannot now even find themselves on a map, let alone be capable of understanding the differences between the actual laws of the US (all that is left now is the Constitution. All else has been co-opted and rolled into the… Read more »

Wild Bill
Member
Wild Bill

@Knute, Well said.

USA
Member
USA

WB, Yes Knute nailed it down real nicely, good job @Gentleman. Made my day. I’m feeling slightly saner, not by much just a little bit.
Damn the Kool-Aid, it is wicked brew.

Wild Bill
Member
Wild Bill

@USA, I bet Spanish Peaks are pretty this morning!

USA
Member
USA

WB, Morning here is the first sign everyday that God exists then as the day progress’s a dangerous mixture of Satan can move through the area then at the end of the day I am happy to have survived yet another one and if luck prevails through the night without Satan’s minions showing up as they do sometimes then I am blessed and morning comes to begin the cycle again so yeah the peaks are all part of this process thanks for noticing. I knew you were looking around, that I can count on you. Some things are simply predictable… Read more »

Oldvet
Member
Oldvet

USA let me fix that downer

Oldvet
Member
Oldvet

AH now i feel better , was feeling left out .

USA
Member
USA

Ov, Thanks brother.

StWayne
Member
StWayne

I know we had a run-in awhile ago, but I’m liking you more and more. I’m learning a lot from guys like you. Thank you.

CourageousLion
Member
CourageousLion

malum en se crimes are the only CRIMES there actually are. No victim, no crime. No crime…NOT GUILTY your “Honor”.

Oldvet
Member
Oldvet

And in the case of enforcing at the point of a gun …TAXES

USA
Member
USA

Ov, Trumps limo “The Beast” has a trim ring around the license plate that says, “Taxation Without Representation” because he has a sense of humor and is making fun of the gov.

Oldvet
Member
Oldvet

Me thinks super DUD doesn’t like you

USA
Member
USA

Ov, and not the only one. I have spent years running them in circles by the dozen on the ground. Just another day here in the Badlands.

CourageousLion
Member
CourageousLion

I’ve been a runaway slave since I was in my early 30’s. So I’m FAR from “law abiding” whatever the heck that is. So far about the only law I haven’t violated is the one for shooting someone. But hey, they keep on with what they are doing and that one will be ignored too.But then again…I guess I haven’t violated ALL of the 2 million man made “laws” that are on the books. The law I follow is this…DO NO HARM.