Subway Stabbing Survivor Loses NYPD Suit as Police Duty Mandate Fails

Cracked

Court precedent shields law enforcement from liability during active attacks because police have no legal constitutional duty to protect individuals without an explicit prior promise.

AI-assisted summary of Why The Cops Won't Help You When You're Getting Stabbed — original source. Check the original for full context.

Source published: 2017-10-30

Key ideas

Subway passenger Joe Lozito subdued armed spree killer Maksim Gelman in 2011 after two armed NYPD officers hid inside the engineer's compartment during the attack. (0:02)
Despite Lozito sustaining multiple stab wounds to the head and arms, initial media reports falsely credited the two concealed police officers with capturing the attacker. (3:24)
Lozito's lawsuit against the NYPD was dismissed based on legal precedent establishing that police departments have no constitutional duty to protect individual citizens. (3:24)
Following the attack, Lozito was discharged after only two days and denied HIV or hepatitis screenings by his health insurance provider as not 'medically necessary.' (3:24)

Detailed notes

## Background This video was published on YouTube by the comedy and commentary channel Cracked on October 30, 2017. According to the page description, it explores the reality of stopping a psycho on a violent killing spree and how the experience is far from as awesome as people imagine.

## TL;DR Commuter Joe Lozito recounts his harrowing survival during Maksim Gelman's 2011 New York City stabbing spree, where he had to subdue the armed killer on a subway car using desperate MMA-inspired moves. Although two armed NYPD officers were hiding inside an adjacent compartment specifically looking for Gelman, they stayed locked away until Lozito had disarmed the attacker and suffered multiple stab wounds. Lozito's life was saved not by police, but by a fellow commuter using paper napkins to stem the bleeding, while officers initially took public credit for the capture. When Lozito sued the NYPD, his case was dismissed due to established legal precedent like Castle Rock v. Gonzales, which establishes that law enforcement has no constitutional duty to protect individual citizens.

## Atmosphere & style The piece carries a gritty, blunt, and darkly sardonic tone, juxtaposing online action-hero fantasies against the terrifying, bloody chaos of real-world violence. Lozito narrates his ordeal with raw candor and gallows humor, detailing the shock of warm blood and horrific injuries without romanticizing his survival. As the focus shifts from physical combat to the legal betrayal by the justice system, the mood darkens into a bitter, sobering wake-up call about institutional failure and self-reliance.

## Bulletin - [00:02](https://www.youtube.com/watch?v=jAfUI_hETy0&t=2s) Subway passenger Joe Lozito subdued armed spree killer Maksim Gelman in 2011 after two armed NYPD officers hid inside the engineer's compartment during the attack. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) Despite Lozito sustaining multiple stab wounds to the head and arms, initial media reports falsely credited the two concealed police officers with capturing the attacker. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) Lozito's lawsuit against the NYPD was dismissed based on legal precedent establishing that police departments have no constitutional duty to protect individual citizens. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) Following the attack, Lozito was discharged after only two days and denied HIV or hepatitis screenings by his health insurance provider as not 'medically necessary.'

## Key takeaways - [00:02](https://www.youtube.com/watch?v=jAfUI_hETy0&t=2s) Joe Lozito encountered spree killer Maksim Gelman at the end of Gelman's 28-hour stabbing spree on a New York City subway car. - [00:02](https://www.youtube.com/watch?v=jAfUI_hETy0&t=2s) Two armed NYPD officers were hiding inside the train engineer's compartment specifically waiting to intercept Gelman. - [00:02](https://www.youtube.com/watch?v=jAfUI_hETy0&t=2s) When Gelman banged on the engineer's door, the officers spoke to him from behind the locked barrier rather than emerging to apprehend him. - [00:02](https://www.youtube.com/watch?v=jAfUI_hETy0&t=2s) Gelman turned to Lozito with an eight-inch knife and announced, 'You're going to die,' before launching into a violent attack. - [01:35](https://www.youtube.com/watch?v=jAfUI_hETy0&t=95s) Lozito relied on improvised MMA techniques and body weight to tackle Gelman after missing a single-leg takedown. - [01:35](https://www.youtube.com/watch?v=jAfUI_hETy0&t=95s) During the struggle on the floor, Lozito sustained severe head wounds and lacerations to his thumb and tricep before disarming Gelman. - [01:35](https://www.youtube.com/watch?v=jAfUI_hETy0&t=95s) The sequestered NYPD officers only emerged to arrest Gelman after Lozito had already disarmed and pinned him. - [01:35](https://www.youtube.com/watch?v=jAfUI_hETy0&t=95s) Neither officer provided first aid; Lozito's life was saved by fellow passenger Alfred Douglas ('Napkin Man'), who used paper napkins to compress his head and body wounds. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) Initial news coverage credited the two NYPD officers with subduing the attacker, completely erasing the civilian intervention. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) In grand jury testimony, an officer admitted to remaining hidden because he suspected Gelman might be armed with a firearm. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) Lozito acted as his own attorney pro se in a lawsuit against the NYPD after his initial filing was thrown out. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) A judge ruled that while Lozito's account was credible, the city was not liable because officers owed no 'special duty' of protection without prior direct promises. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) The dismissal followed Supreme Court precedent, including Castle Rock v. Gonzales, which established that police have no constitutional obligation to protect citizens. - [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) Lozito warns against heroic civilian combat fantasies, noting that the reality includes rapid blood loss, systemic legal abandonment, and institutional apathy.

## Detailed walkthrough ### [00:02](https://www.youtube.com/watch?v=jAfUI_hETy0&t=2s) The Subway Encounter with Maksim Gelman

Online comment sections on mass shootings and violent rampages are routinely flooded with self-proclaimed tough guys who insist they would effortlessly disarm an attacker with martial arts. Joe Lozito introduces his experience by contrasting those absurd internet fantasies with the grim reality of surviving an actual spree killer. On an early morning commute in 2011, Lozito found himself at the tail end of Maksim Gelman’s notorious 28-hour stabbing spree across New York City. Having left home too early to read the morning newspaper, Lozito had no idea that Gelman was already a heavily publicized fugitive. When a visibly intoxicated man stumbled erratically onto the subway car, Lozito simply brushed it off as an ordinary morning in New York City.

Lozito was seated right next to the engineer’s compartment, separated from the cabin only by a partition wall. Gelman walked up to the door and began violently pounding on it, demanding entry: “Let me in.” Unbeknownst to Lozito at that instant, two armed police officers were waiting inside that very compartment specifically to intercept Gelman if he boarded that train. Despite recognizing the wanted killer, the officers made no move to burst out and apprehend him. Instead, an officer merely asked from behind the door, “Who are you?” Gelman retorted, “I'm the police,” to which the officer answered, “You're not the police.”

Rather than intervening to protect the subway car or capture a dangerous fugitive, the officers remained sequestered behind the locked door. Left entirely unhindered, Gelman turned away from the cabin door, confronted Lozito, drew an eight-inch knife, and flatly announced: “You're going to die.” With that, he lunged forward and plunged the blade into Lozito.

```mermaid flowchart TD accTitle: Train Cabin Standoff and Attack Flow accDescr: Sequence showing police hiding in the train compartment while Gelman attacks Joe Lozito. subgraph Inside_Compartment["Inside Engineer's Compartment"] direction TB Cops["Two Armed NYPD Officers<br/>(Lying in wait for Gelman)"] end subgraph Train_Car["Train Car Interior"] direction TB Gelman["Maksim Gelman<br/>(Spree Killer with 8-inch Knife)"] Joe["Joe Lozito<br/>(Seated Passenger)"] end

[01:35](https://www.youtube.com/watch?v=jAfUI_hETy0&t=95s) The Brutal Struggle, Takedown, and Aftermath

Thrust suddenly into a life-or-death confrontation, Lozito had to react despite possessing no combat training beyond being an avid viewer of mixed martial arts. As Gelman pulled his arm back to deliver another blow, Lozito attempted an MMA-style single-leg takedown. The maneuver did not execute cleanly; Lozito aimed too high and grabbed Gelman around the waist rather than by the leg, leaving his head completely exposed. As a result, Gelman stabbed him repeatedly in the skull. Lozito explains that survival in such an ordeal often comes down to raw mass and sheer desperation rather than polished skill: “The good news if you aren't a badass is that you can have no idea what you're doing but still succeed on dumb luck and balls.”

Because Lozito was significantly heavier than Gelman, the impact brought both men crashing down to the train floor, with Lozito landing on top. Gelman, however, maintained a tight grip on his weapon. Lozito reached with his left hand to trap Gelman’s knife hand, but missed twice—suffering deep defensive lacerations across his thumb and his left tricep. On his third attempt, Lozito seized the attacker’s wrist and slammed it against the floor, forcing Gelman to release the knife. Only after Lozito had completely immobilized the spree killer and was rapidly bleeding out did the two sequestered police officers finally step into the car to make the arrest. An officer tapped Lozito on the shoulder and said, “You can get up now, we got him.”

Lozito felt no sharp pain initially, only the warm sensation of blood pouring out of his wounds, which felt like warm shower water streaming across his scalp and neck. Even then, the officers offered no first aid or physical assistance. Lozito's life was saved by fellow passenger Alfred Douglas, whom Lozito dubbed "Napkin Man," who rushed over and pressed napkins into Lozito's open head and body wounds to staunch the bleeding until Lozito lost consciousness from severe blood loss.

- Lozito took Gelman down by the waist after failing to grab the leg, enduring repeated stab wounds to the head. - Lozito's left thumb and left tricep were slashed before he managed to slam Gelman's wrist to disarm him. - Police offered no physical help or medical assistance immediately following the scuffle. - Alfred Douglas ("Napkin Man") used ordinary paper napkins to stem Lozito’s massive hemorrhaging until Lozito passed out.

[03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) The Legal Battle and No Duty to Protect

Upon regaining consciousness in the hospital, Lozito discovered to his utter frustration that early press coverage credited the two NYPD officers with single-handedly subduing the attacker, completely erasing both Lozito and Alfred Douglas from the narrative. The full truth of the officers' conduct came out during a grand jury hearing, where one officer admitted under oath: “I started to come out, I opened the door, but I thought Gelman had a gun, so I closed the door and stayed inside.” Lozito found this excuse absurd, pointing out that if trained officers believed an unstable murderer armed with a firearm was riding an occupied subway car bound for Times Square, their duty should have been to stop him immediately rather than hide behind a locked door.

Outraged by their conduct, Lozito sued the NYPD. After his initial filing was thrown out, he represented himself pro se and succeeded in bringing the case before a judge. Although the presiding judge openly validated his account by ruling, “Mr. Lozito's version of the story sounds highly credible and his version of events rings true,” the lawsuit was dismissed. The court found that because officers made no specific guarantees beforehand, they were shielded from liability under the law: “No direct promises of protection were made to Mr. Lozito, nor were there direct actions taken to protect Mr. Lozito prior to the attack. Therefore a special duty did not exist.”

Lozito’s legal challenge hit a brick wall due to established precedent, most notably the 2005 U.S. Supreme Court decision in *Castle Rock v. Gonzales*. In that case, a woman sued the Castle Rock Police Department after officers repeatedly refused to enforce a restraining order against her estranged husband, who had kidnapped their children and ultimately murdered them; the Supreme Court ruled that the police force had no constitutional mandate to protect individuals.

Lozito wraps up his story with a blunt warning to armchair commentators who fantasize about heroically handling a violent attacker: - His health insurance forced him out of the hospital within two days, and doctors refused to administer HIV or hepatitis screenings following the stabbing because the tests were deemed not "medically necessary." - Civilians caught in active violence must understand that the law does not require law enforcement to intervene on their behalf. - Survivors should never expect the police to protect them, should not expect public credit for stopping an attacker, and had better hope there is a bystander like Napkin Man nearby to keep them from bleeding out.

## Notable quotes > [01:35](https://www.youtube.com/watch?v=jAfUI_hETy0&t=95s) The good news if you aren't a badass is that you can have no idea what you're doing but still succeed on dumb luck and balls. — Joe Lozito

> [03:24](https://www.youtube.com/watch?v=jAfUI_hETy0&t=204s) No direct promises of protection were made to Mr. Lozito, nor were there direct actions taken to protect Mr. Lozito prior to the attack. Therefore a special duty did not exist. — The presiding judge

## Mentioned Joe Lozito, Maksim Gelman, Alfred Douglas, New York City, NYPD, Times Square, Castle Rock v. Gonzales, Castle Rock Police Department, U.S. Supreme Court

## Video description Ever wondered what it's like to stop a psycho on a killing spree? It isn't as awesome as you'd think.

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[Source](https://www.youtube.com/watch?v=jAfUI_hETy0)

中文简报

纽约地铁刺案幸存者起诉警方败诉：裁定警察无保护个人之责法院先例为执法部门在发生暴力袭击期间免除责任，理由是若无明确的事先承诺，警察在宪法上并无保护个人的法律义务。通勤乘客乔·洛齐托（Joe Lozito）讲述了自己在马克西姆·格尔曼（Maksim Gelman）2011年纽约连环刺伤事件中惊险生还的经历；当时他在地铁车厢内不得不拼死运用受MMA启发的动作将持械凶手制服。尽管两名佩枪的纽约市警局（NYPD）警员当时正躲在相邻隔间内搜捕格尔曼，但他们一直反锁在内，直到洛齐托身中数刀并将袭击者缴械后才出来。挽救洛齐托生命的不是警察，而是一位用纸巾为其止血的同车乘客，然而两名警员起初却向公众揽下了抓获凶手的功劳。洛齐托随后起诉了纽约市警局，但根据“卡斯尔罗克诉冈萨雷斯案”（Castle Rock v. Gonzales）等确立的法律先例，该诉讼被驳回，先例裁定执法部门在宪法上对保护公民个人并无义务。 2011年，地铁乘客乔·洛齐托制服了持械连环杀手马克西姆·格尔曼，而两名佩枪的纽约市警局警员在袭击发生期间一直躲在司机室隔间内。 (0:02) 尽管洛齐托头部和手臂多处被刺伤，最初的媒体报道却错误地将抓获袭击者的功劳归于两名隐蔽的警员。 (3:24) 洛齐托针对纽约市警局的诉讼被驳回，依据是确立警察部门在宪法上对保护个别公民不承担义务的法律先例。 (3:24) 袭击发生后，洛齐托仅住院两天便出院，且其医保机构以“非医疗必需”为由拒绝承担艾滋病毒（HIV）或肝炎筛查费用。 (3:24)

Source quotes

[1:35] Joe Lozito: The good news if you aren't a badass is that you can have no idea what you're doing but still succeed on dumb luck and balls. [3:24] The presiding judge: No direct promises of protection were made to Mr. Lozito, nor were there direct actions taken to protect Mr. Lozito prior to the attack. Therefore a special duty did not exist.

Original transcript

[0:02] - If you've ever been on the internet, [0:04] I mean you're here right now, [0:05] you probably wound up in the comment section [0:07] of at least one article about a mass shooting, [0:09] some other kinda killing spree, [0:11] and seen dozens of assholes make comments like, [0:13] - [InternetBadass69] Dude, if I was there [0:15] I would've totally stopped that guy. [0:16] I totally know kung-fu [0:17] and I'd just like knock the weapon out of his hand [0:19] and then break his neck with a spin kick and [0:21] then my mom would finally love me. [0:24] - My name is Joe Lozito, and one day in 2011 [0:26] my morning commute was interrupted by the tail end [0:29] of a 28-hour long stabbing spree. [0:32] The reason that spree ended is because I stopped it, [0:34] and I learned [0:38] the stabber Maksim Gelman [0:40] was already famous across the city. [0:42] I didn't know any of that though because [0:43] I had gotten up too early to catch the paper. [0:45] So when an obviously high person [0:47] staggered crazily into the train, [0:48] I just kind of figured morning in New York, you know? [0:51] That creepy guy who I'd later learned was Gelman [0:54] started banging on the door of the engineer's compartment. [0:57] - Let me in. [0:58] - I was sitting right by the door. [1:00] The only thing separated the engineer and myself was a wall. [1:03] It turned out there were two cops [1:05] on the other side of the door. [1:06] Lying in wait in case Gelman hopped on this train. [1:08] I found out later they'd recognized him [1:10] but they didn't charge out to stop him. [1:12] Instead they asked him a polite question. [1:15] - Who are you? [1:16] - I'm the police. [1:17] - You're not the police. [1:19] - You'd expect two armed cops to, [1:21] I don't know, maybe do something [1:22] about a wanted fugitive spree killer [1:24] that they were on the train specifically to arrest, [1:27] but they'd stayed put. [1:28] So Gelman walked up to me, [1:30] whipped out an eight-inch knife and told me, [1:32] - You're going to die. [1:34] - Then he stabbed me. [1:35] I was in the sort of situation [1:37] every man thinks about at least twice a day, [1:40] suddenly thrust into a life or death situation [1:42] that required me to become a badass. [1:45] Unfortunately, I had no badass training, [1:48] but I have watched a lot of MMA, [1:49] and when he brought back his arm to stab me again, [1:52] I decided to dive in for a single leg takedown. [1:55] It should have looked like this [2:00] but in reality I shot him too high [2:02] and wound up tackling him by the waist [2:04] rather than getting him in the leg. [2:06] So he stabbed me repeatedly in the skull. [2:09] The good news if you aren't a badass [2:11] is that you can have no idea what you're doing [2:13] but still succeed on dumb luck and balls. [2:15] I outweighed Gelman by a lot so he went down [2:18] despite the power of a knife on his side. [2:20] So we're both on the ground. [2:21] I'm on top but he still got his stabbing machine in hand. [2:24] I tried to grab his right hand [2:26] which held the knife with my left [2:28] but I missed and he sliced me good in the thumb. [2:30] I tried to catch him a second time and failed [2:32] so he slashed me again in my left tricep. [2:34] My third grab was the charm though. [2:36] I caught his hand and slammed it into the ground. [2:38] He dropped the knife. [2:39] Once I had him pinned, I was, you know, dying of blood loss. [2:42] The cops decided it was safe enough to arrest Gelman. [2:46] Next thing I remember is a cop tapping me on the shoulder. [2:48] - You can get up now, we got him. [2:50] - I thought that was being charitable but that time [2:52] I didn't exactly feel argumentative. [2:54] There was no pain yet, just this warm feeling [2:56] from the blood gushing out of me. [2:57] It was like standing in the shower [2:58] with warm water spraying the top of your head [3:00] and flowing down the back of your neck. [3:02] And again when you'd expect the police [3:04] to jump to my aid, they didn't. [3:05] None of them even touched me. [3:07] The only guy to render aid was another passenger. [3:09] Alfred Douglas a.k.a Napkin Man [3:12] because he staunched my bleeding injuries with napkins. [3:15] I think Napkin Man probably saved my life [3:17] but at this point I'd been stabbed roughly [3:19] all the times a person can be stabbed [3:21] while remaining conscious [3:23] and so I passed out. [3:24] When I eventually came to in the hospital, [3:26] it was kind of frustrating to realize [3:28] that none of the early coverage mentioned me or Napkin Man. [3:32] The police gave all the credit to the two officers [3:34] who'd been in the subway train with me, [3:36] only neither of them actually even left the booth [3:38] until I disarmed Gelman. [3:40] During the grand jury hearing, [3:41] one of the cops testified. [3:42] - I started to come out, I opened the door, [3:44] but I thought Gelman had a gun, [3:46] so I closed the door and stayed inside. [3:48] - I can see how in a stressful situation [3:50] you might mistake a knife for a gun, [3:52] but that also that kinda makes it more infuriating. [3:54] If you, Mr. Cop, a police, thinks this insane [3:57] drug-addled murderer has a gun, [3:59] and he's sitting on a train bound for Time Square, [4:02] don't you wanna stop him at all costs? [4:04] So yeah I decided to sue the NYPD. [4:07] The first case I brought got dropped. [4:08] So I acted as my own lawyer for the second case [4:10] and finally made it to a judge. [4:12] The judge said, [4:13] - Mr. Lozito's version of the story sounds highly credible [4:16] and his version of events rings true. [4:19] - But I still lost the case. [4:20] Here's how that was justified in its original legal ease. [4:24] - No direct promises of protection were made to Mr. Lozito, [4:27] nor were there direct actions taken [4:30] to protect Mr. Lozito prior to the attack. [4:32] Therefore a special duty did not exist. [4:36] - It turns out there was a major piece [4:38] of legal precedent in my way. [4:39] In 2005 the Supreme Court ruled on Castle Rock v. Gonzales. [4:44] In that case a woman sued the Castle Rock PD [4:47] after they failed to respond [4:48] when she complained that her estranged husband [4:50] had violated a protective order and abducted their kids. [4:54] He eventually murdered them. [4:55] The Supreme Court ruled in the police department's favor. [4:58] It turns out it's literally not their job to protect people. [5:01] So to the internet badasses [5:03] who are about to comment on this video [5:05] and claim they'd totally nail the takedown, [5:07] you should make a note of a few things. [5:09] First my insurance [5:10] had me in and out of the hospital in two days, [5:12] and the hospital didn't give me any AIDS or Hepatitis test [5:15] after I've been stabbed with a knife [5:17] that had stabbed other people. [5:18] Apparently that's not medically necessary. [5:20] Second if you ever get the chance [5:22] to confront a dangerous armed madman, [5:24] don't trust in the police having your back, [5:26] don't expect to get the credit, [5:28] and hope like hell there's another Napkin Man