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Judge rejects embattled school deputy's claim he had no duty to confront Parkland gunman
CBS "News" ^ | December 13, 2018

Posted on 12/13/2018 11:06:23 AM PST by Oldeconomybuyer

A judge has rejected a deputy's claim that he had no duty to confront the gunman during the school shooting in Parkland, Florida. Refusing to dismiss a lawsuit filed by the parent of a victim, Broward Circuit Judge Patti Englander Henning found after a hearing Wednesday that ex-deputy Scot Peterson did have a duty to protect those inside the school where 17 people died and 17 were wounded on Feb. 14.

Video and other evidence shows Peterson, the only armed officer at the school, remained outside while shots rang out.

The negligence lawsuit was filed by Andrew Pollack, whose daughter Meadow was killed in the attack. He said it made no sense for Peterson's attorneys to argue that a sworn law enforcement officer with a badge and a gun had no requirement to go inside.

"Then what is he doing there?" Pollack said after the ruling. "He had a duty. I'm not going to let this go. My daughter, her death is not going to be in vain." Peterson's attorney, Michael Piper, said he understands that people might be offended or outraged at his client's defense, but he argued that as a matter of law, the deputy had no duty to confront the shooter. Peterson did not attend the hearing.

"There is no legal duty that can be found," Piper said. "At its very worst, Scot Peterson is accused of being a coward. That does not equate to bad faith."

(Excerpt) Read more at cbsnews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: banglist; broward; donutwatch; education; florida; parkland; police
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1 posted on 12/13/2018 11:06:23 AM PST by Oldeconomybuyer
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To: Oldeconomybuyer

Nobody’s allowed a gun, knives, nothing. Somebody has to bare responsibility.


2 posted on 12/13/2018 11:08:36 AM PST by albie
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To: Oldeconomybuyer
Piper said. "At its very worst, Scot Peterson is accused of being a coward.

That was his own attorney?

3 posted on 12/13/2018 11:08:39 AM PST by Fido969 (In!)
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To: Oldeconomybuyer

4 posted on 12/13/2018 11:10:58 AM PST by billorites (freepo ergo sum)
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To: Oldeconomybuyer

He’s a Coward scumbag but:

Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981) Court stated “fundamental principle of American law is that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.”

https://www.hg.org/legal-articles/no-right-to-police-protection-in-the-united-states-20903


5 posted on 12/13/2018 11:12:05 AM PST by Para-Ord.45 (Americans, happy in tutelage by the reflection that they have chosen their own dictators.)
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To: Oldeconomybuyer

Scot Peterson

6 posted on 12/13/2018 11:12:21 AM PST by gaijin
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To: Oldeconomybuyer

How awful for the family to have to go to this extent and to have to see that chickensh!t scumbag enjoying his retirement while their daughter is dead.


7 posted on 12/13/2018 11:13:57 AM PST by bigbob (Trust Trump. Trust the Plan.)
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To: gaijin

Sometimes even a gun and a badge can’t hide the fact that you’re a pussy.


8 posted on 12/13/2018 11:18:27 AM PST by Mr.Unique (The government, by its very nature, cannot give except what it first takes.)
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To: Oldeconomybuyer

A judge with common sense, I’m sure the Broward County and other Florida Dims will demand his resignation.


9 posted on 12/13/2018 11:20:12 AM PST by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: Oldeconomybuyer

He took an oath to protect and serve. It didn’t include the option of passing on the protection part at his whim.


10 posted on 12/13/2018 11:22:11 AM PST by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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To: Para-Ord.45

It has been ruled MANY times that the police have NO DUTY/ Obligation/ Liability or Responsibility to protect people.

And this needs to be brought up every single time in gun control debates.

The Police are NOT there to protect You.


11 posted on 12/13/2018 11:24:58 AM PST by uranium penguin
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To: Oldeconomybuyer

If the defense argument stands, then it puts the lie to “protect and serve,” and instead lets us know the true role of police,.. which is to “enforce, intimidate, and oppress.”


12 posted on 12/13/2018 11:27:51 AM PST by semaj (We are the People)
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To: Oldeconomybuyer

There are police who would take a bullet to save lives. This POS is the most cowardly man that I have ever heard of.


13 posted on 12/13/2018 11:29:12 AM PST by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: Oldeconomybuyer
A judge has rejected a deputy's claim that he had no duty to confront the gunman during the school shooting in Parkland, Florida. Refusing to dismiss a lawsuit filed by the parent of a victim, Broward Circuit Judge Patti Englander Henning found after a hearing Wednesday that ex-deputy Scot Peterson did have a duty to protect those inside the school where 17 people died and 17 were wounded on Feb. 14.

Exactly. That's part of the job description for going into LE.

14 posted on 12/13/2018 11:31:13 AM PST by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith......)
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To: semaj

And go home at night even if your citizens never will again.


15 posted on 12/13/2018 11:31:52 AM PST by Chainmail (A simple rule of life: if you can be blamed, you're responsible.)
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To: Oldeconomybuyer

Hi.

How does Peterson look into the mirror to shave?

5.56mm


16 posted on 12/13/2018 11:33:39 AM PST by M Kehoe (DRAIN THE SWAMP!)
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To: Para-Ord.45

To me that case means the cops don’t have a general duty to protect everybody, everywhere, all the time. You can’t sue the cops because they weren’t where you needed them. However, he was right outside with a gun and didn’t do anything. That’s very different.


17 posted on 12/13/2018 11:34:51 AM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: Para-Ord.45
From the article:
...a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.

Two things quickly come to mind,
1) perhaps rather than to an individual citizen the def owed a reasonable duty to the student body at large, and
2) the def owed a duty to his employer who recognized the duty it owed to the student body, employees, visitors, etc.

Otherwise, as others have pointed out upthread, why waste taxpayer monies by dressing someone up as a LEO and posting him on the grounds?

In this day and age, if the government refused to assign LEO's the parents would likely take steps to fill the void - but they paid their money and expected the government to do so.

P.S. Standing ovation for the judge.

18 posted on 12/13/2018 11:40:48 AM PST by frog in a pot ("Islam - a totalitarian ideology masquerading as a religion bent on world domination." -Admiral Lyon)
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To: Fido969

I was going to say something about Scott’s with one “T” but then I remembered the Scott Peterson from California..https://en.m.wikipedia.org/wiki/Scott_Peterson.


19 posted on 12/13/2018 11:57:18 AM PST by DrGunsforHands
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To: Oldeconomybuyer
The judge is wrong about this. The court's previous rulings are pretty clear that the government will not accept any responsibility at all for individual citizens.

Sadly, the cowardly cop has pretty much full immunity in this case. That won't stop the system from running him over with the process, but ultimately, they aren't going to win. In this particular incident, I'm not going to complain about abuse of process.

20 posted on 12/13/2018 11:59:33 AM PST by zeugma (Power without accountability is fertilizer for tyranny.)
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