If the police & gov't have no duty to protect us, we can DIY, no? Can't have it both ways...
Judge tosses Parkland shooting lawsuit. Cops and schools had no duty to protect students, she says.
South Florida Sun Sentinel
A federal judge says Broward schools and the Sheriff’s Office had no legal duty to protect students during the shooting at Marjory Stoneman Douglas High School.
U.S. District Judge Beth Bloom dismissed a suit filed by 15 students who claimed they were traumatized by the crisis in February. The suit named six defendants, including the Broward school district and the Broward Sheriff’s Office, as well as school deputy Scot Peterson and campus monitor Andrew Medina.
Bloom ruled that the two agencies had no constitutional duty to protect students who were not in custody.
“The claim arises from the actions of [shooter Nikolas] Cruz, a third party, and not a state actor,†she wrote in a ruling Dec. 12. “Thus, the critical question the Court analyzes is whether defendants had a constitutional duty to protect plaintiffs from the actions of Cruz.
“As previously stated, for such a duty to exist on the part of defendants, plaintiffs would have to be considered to be in custody†— for example, as prisoners or patients of a mental hospital, she wrote.
Peterson was the only armed person at the school when Cruz showed up with an assault rifle and murdered 17 people, in addition to wounding 17 more. Peterson has been widely vilified for taking refuge outside the school and not confronting Cruz.
“His arbitrary and conscience-shocking actions and inactions directly and predictably caused children to die, get injured, and get traumatized,†the lawsuit claimed.
Medina knew Cruz and saw him arrive on campus, but did not confront him.
The lawsuit argued that the Sheriff’s Office and School Board “either have a policy that allows killers to walk through a school killing people without being stopped. Alternatively, they have such inadequate training that the individuals tasked with carrying out the polices … lack the basic fundamental understandings of what those policies are such that they are incapable of carrying them out.â€
Kristoffer R. Budhram of Jacksonville, who represented the students, could not be reached by email or phone for comment.
Bloom’s ruling contrasts with the action of a Broward County judge last week.
In that case, Peterson’s lawyer sought to dismiss a lawsuit filed by the family of Meadow Pollack, one of 17 people killed in the shooting. Broward Circuit Judge Patti Englander Henning rejected his argument that Peterson had “no legal duty†to protect the students and faculty.
Englander Henning found that Peterson had a duty to the school community as someone whose job was security and who had an “obligation to act reasonably†under the circumstances of the shooting.
The judge also found Peterson was not protected from the lawsuit by “sovereign immunity,†a legal doctrine that shields public employees from legal action based on their official conduct.
Joel Perwin, Pollack’s attorney, said: “We don’t think it's even debatable that Peterson had a duty to these students. Peterson’s disclaimer of any legal responsibility is a mirror of his abdication of his responsibility for these kids,†he said.
Peterson’s lawyer, Michael Piper, said he would appeal the ruling.
Englander Henning found that Peterson had a duty to the school community as someone whose job was security and who had an “obligation to act reasonably†under the circumstances of the shooting.
If this BSO's job was not security at the school then what are we paying him to do there?
It's been a long standing agreement that the police do not have an obligation to protect individuals. That being said it's an interesting argument from the judge stating the BSO deputy did have a duty as he was assigned to the school for that very purpose. It would appear that the general rule of police protecting citizens in general is going to be different when an officer is stationed at a particular location for that very assignment. Win or loose this ex deputy is in for a severe financial hurt, as he should. What he failed to do is beyond despicial.
The judge is correct. And, the precedent was set a LONG time ago... multiple times. The "no duty" thing isn't an "agreement." It's legal precedent, set many times by federal courts.
Yep.... Multiple federal courts and even the SCOTUS have ruled that the police (nor ANY gov't agency) have NO LEGAL DUTY to protect any particular citizen.
Warren vs DC
Gonzales vs Castle Rock
Lozito vs NYPD
Barela vs City of Denver
DeShaney vs Winnebago County
Look'em up!
NRA Certified Pistol Instructor | Certified Range Safety Officer | NRA Patron Life Member
Racer88 wrote: ↑Mon Dec 17, 2018 10:15 pm
The judge is correct. And, the precedent was set a LONG time ago... multiple times. The "no duty" thing isn't an "agreement." It's legal precedent, set many times by federal courts.
Yep.... Multiple federal courts and even the SCOTUS have ruled that the police (nor ANY gov't agency) have NO LEGAL DUTY to protect any particular citizen.
Warren vs DC
Gonzales vs Castle Rock
Lozito vs NYPD
Barela vs City of Denver
DeShaney vs Winnebago County
Look'em up!
I've heard about those.
So...if the police won't protect me and I'm not permitted to protect myself (e.g. gun-free zone), then what are my choices? Stay locked inside my home?
- I can explain it to you, but I can't understand it for you... -
Unless it’s a school, or court house, I somehow never seem to notice those decals on the door of a business showing a gun with a line through it. Darn. GARY.
N4KVE wrote: ↑Tue Dec 18, 2018 12:33 am
Unless it’s a school, or court house, I somehow never seem to notice those decals on the door of a business showing a gun with a line through it. Darn. GARY.
Everyone one of us who carry should be grabbing this decision and yelling out loud to every politician to stop restricting the rights of individuals to protect themselves everywhere since law enforcement has no duty to do. Even though this has been decided already, it's new and since politicians only react to the latest headlines strike while warm.
I'm sure even many liberals who hate guns when made aware that their kids are sitting targets in school since to police have no duty to do anything in a shooting event.
This should be a major event since most really don't know.
