- Dec 2012
Right. But isn't this an example of an LEO being punished, or at least suffering some major consequences for not protecting people, or for not intervening?There was no real case, it didn't go to court. It was settled before the trial even started. It was done because the NYPD always settles cases like that. Not because they will lose, but because it makes the problem go away. They fear bad publicity, and when the mayor of NYC is part of those who are pissed off, suggesting negligent officers should be punished (meaning administratively), then the dept isn't going to fight it, there is no point.
"Her lawyer, Ms. Karten, said the lawyers for the city had agreed to settle yesterday only after learning that her witnesses at trial would include a man who had videotaped police officers sitting passively on benches in the vicinity of 59th Street and Avenue of the Americas at the time the attacks were taking place nearby. "
You really think the commissioner of the NYPD and various NYC big wigs, including the mayor, wanted that footage made part of public record? That they'd fall back on Warren v DC? No way, that's not reality. Reality is even when you're technically innocent, if you have deep pockets and control billions a year in budget, you settle for six figures in a heartbeat to prevent scandal. That is how govt works.
The reality is that, unless the plaintiff could prove that a special relationship existed, the judge, unless heavily favored by emotion or public opinion, would have dismissed the case. Or if it wasn't, they could successfully appeal it. However, along the way, the NYPD ends up looking like incompetent, uncaring monsters, who literally sat back and watched as women were assaulted by male drunken parade goers.
Again, for the third time, I ask you to provide evidence of the places you've live in Europe, in the form of statute, law, or case law, to support your claim that police do have the duty to rescue (as part of the doctrine, not part of your personal opinionated definition of what you think rescue means). You claimed it, now you have to support it. If you can't, recant your claim and admit you don't know.