Posted on 12/19/2018 9:50:09 AM PST by blueyon
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
(Excerpt) Read more at orlandosentinel.com ...
They went home safe that day but at least some of thos police are bound to try filing for disability when they retire.
It is ever and always “Heads we win, tails you lose”.
If you hadn’t noticed.
Wasn’t there a different lawsuit where one of the parents was suing Peterson and Peterson tried to use that as a defense? If I remember correctly, the judge in that case ruled differently.
Shouldn’t be a surprise. Entirely consistent with precedent.
What an utterly stupid judgement....In this judge’s eyes, why do we even have police departments????
The goose-stepping Lefty Obama and Rapin Bill judges will protect The State at all costs...
The police do not have a duty to protect.
We have a duty to protect ourselves.
That’s why we have a Second Amendment.
I could see throwing it out because they thought the shooter was to blame, not the police, but why have security on campus if they aren’t going to protect the kids?
I don’t even know what country this is any more. Who are these people??
The Supremes have ruled on this before. No duty to protect any one individual. DemocRATS will never acknowledge this as they try and disarm Americans while they put more felons on the streets who have more rights than law abiding Americans.
Warren v. District of Columbia 1981
https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
“the duty to provide public services is owed to the public at large, and, absent a special relationship between the police and an individual, no specific legal duty exists”.
Only you, the individual, can protect yourself. Which should nullify almost all gun laws.
The black robes know everything.
I know cops and respect my local police.
But the “cops are heroes” propaganda is becoming a bit too much.
While I do not agree with that legal position, it is the current state of the law.
This couldn’t be true anyhow... what police department was ever sued for failing to do right unto “the public at large”?
So, the shooter, the kid who had been expelled from this school (and NOTABLY, per the School Admin’s Policy maker the Administrator Mr.Runcie— who used obamaumao inspired federal funds to support it— the protection of the “juvenile” offenders, particularly minorities— like the shooter- NOT to inform law enforcement of the student’s dangerous actions, like drug dealing or firearms on campus or gang activity)— The Shooter, acc. to the judge— since he wasn’t “in custody”... was not an individual that the School or the Sheriff’s office onsite “resource officer”— was not the responsibile for PROTECTING THE STUDENTS.
So the resource officer (the one who ran away) is not responsible to defend the students and school from “THIRD PARTY ACTORS” === that is ANYONE from outside the school system OR who is not in the school or Law enforcement custody. So-— the officer(s) are to protect the students from ... the students and faculty.
This ruling is utterly PRETZEL logic irrational-— doublespeak. Orwellian.
Many people already knew this. The Supreme Court ruled on this a long time ago. Police have no duty to defend. They only have to clean up the crime scene and catch the perpetrator.
Maybe now a couple of these moronic leftists will wake up and realize that each person is the responsible for the defense of their own lives. Relying on others to protect you from harm is sheer folly. It sounds like common sense but it’s not so common among the left. I mean, if not me then who? Protecting my life is my ultimate human right, and screw anyone who says otherwise.
This ruling is not surprising as it follows long standing precedent. As unfortunate as it is. Usually the only remedy offered to parties suing law enforcement is to show civil rights were violated. Otherwise there is “no duty of care” as law enforcement is charged with protecting the public-not an individual.
Ultimately, hero is as hero does.
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