On assaulting Nurses and Pro Football players.

[kandrathe]

https://en.wikipedia.org/wiki/Maksim_Gel..._by_Lozito

This does though.

In response to the suit, attorneys for the City of New York argued that police had no duty to protect Lozito or any other person from Gelman.

http://www.nytimes.com/2005/06/28/politi...otect.html

But this is why legal experts say to never talk to police. Because they are just not on your side. "Anything you say can and will be used against you in a court of law"... Note that it never says anything about saying things that will be used for you.

Not a "constitutional duty" - in that they have the right to keep themselves safe from harm. But...

Departmental Policy
Some departments have internal policies that stipulate the circumstances in which a special relationship may exist. The San Jose (Calif.) Police Department’s policy for rendering first aid, for example, states that officers who have begun rendering aid have created a special relationship with a victim and now have a duty to continue providing care unless one or more of the following conditions is present:

1.) The scene becomes unsafe,
2.) The officer is too physically exhausted to continue,
3.) The officer is relieved by someone of same or higher medical authority, or
4.) The victim revives

A source of confusion for some officers may be that while federal law is clear that there is no liability for failure to act when no special relationship exists between law enforcement and an individual, some liability may exist in certain situations where the state legislature enacts laws mandating an officer’s duty to take action. One such state-mandated duty to an individual arises in the area of domestic violence. Throughout the country for many years, officers failed to take seriously the dangers of family violence. As a result, states enacted legislation mandating special provisions and protections for victims of child and spousal abuse. As further documented in the California Commission on Peace Officer Standards and Training domestic violence workbook23, these requirements include that officers shall make every reasonable effort to identify the “dominant aggressor,” shall complete a report in all domestic violence cases, and shall take custody of any firearm or deadly weapon in plain sight.

A Solemn Pledge
While legislated exceptions to the public duty doctrine exist, the officer must still understand that in only certain circumstances will he be exposed to liability for failure to act. This misunderstanding can lead an officer to take inappropriate action which violates an individual’s constitutional rights and could ultimately lead to litigation against the officer and the department.

Law enforcement personnel are moral and honorable public servants. Most sworn officers take their oaths of office as a solemn pledge — a pledge to safeguard life and property. Officers lose their lives every day attempting to fulfill this oath. Officers, however, often put themselves at risk because they incorrectly believe that they have a duty to act when, in fact, no such duty exists. Officers must balance the pros and cons of taking action against the rights, responsibilities, and the limitations of the profession imposed upon them by the Constitution, statute, and case law.

Proper training on the principles of the public duty doctrine and how it applies to police officers is essential to avoid liability on the part of the department and officers. The training should include a full and comprehensive review of the exceptions to this doctrine and any statutory requirements to act or protect individuals, as well as those situations in which, through an officer’s actions or omissions, create a “special relationship” resulting in a duty to persons.

https://www.policeone.com/police-jobs-an...-doctrine/