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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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To: semaj
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.”

You write that like it is something new or surprising. It is neither.

21 posted on 12/13/2018 12:01:17 PM PST by zeugma (Power without accountability is fertilizer for tyranny.)
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To: uranium penguin

While I likely would have tried to sneak in and get a shot at the perp from cover, with clear and certain egress, I would not expect every sworn officer to be held to the standard of suicide.

If that is the standard my FR brethren want in LEO, they should endeavor to codify it in their state. And if successful, watch cops resign in droves.

Entry into that building would have a very, very high risk of being shot by a .223 round. Nearly certain. And nearly certain to not have affected the outcome.


22 posted on 12/13/2018 12:07:13 PM PST by Mariner (War Criminal #18)
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To: semaj

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.”

Wow! next your gonna tell us that.
“Niether rain nor sleet...” and “Give us your poor huddled..”

Are not Settled case law?


23 posted on 12/13/2018 12:08:47 PM PST by uranium penguin
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To: Oldeconomybuyer

No duty? "Coward" is the most complimentary adjective for this *ssh*t I can find. Many have been in his shoes and performed honorably. He is an undesired anomaly to be purged for the cancer he is with a warning to other cells.


24 posted on 12/13/2018 12:11:04 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: Oldeconomybuyer

Since the suit is about finding the deep pocket of the county, exposing Scot Peterson as the craven coward that he is will do little in furthering the suit.
With good reason, there are Supreme Court Cases that establish that there is no obligation on the part of law enforcement to protect any individual. Otherwise, every bad outcome would be the responsibility of the state.

Their only obligation is to protect the interests of the state through enforcement of laws. When you look at their desire to disarm our citizens. Community Policing is merely there to make enforcement easier. Keep that in mind when you see Protect and Serve emblazoned on every patrol car.


25 posted on 12/13/2018 12:11:55 PM PST by Steamburg (Other people's money is the only language a politician respects; starve the bastards)
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To: Para-Ord.45

“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.”

The way around this in a civil suit may be failure to comply with the Department’s policy. After Columbine where responding units hung around out side waiting for SWAT, while the shooters were still active, police response to active shooters changed. Many departments changed their policies and trained for first responding units to move to the sound of the guns and confront and hopefully neutralize the shooters. SWAT units would naturally respond but not as primary response units. My department’s policy was first units on the scene are going in. If you encountered dead or wounded, you kept moving to the sound of the gunfire. It sounds pretty grim because it is. It may sound foolhardy but the shooters aren’t expecting uniformed patrolmen with handguns; they’re expecting SWAT too.


26 posted on 12/13/2018 12:16:49 PM PST by Stormdog (A rifle transforms one from subject to Citizen)
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To: Oldeconomybuyer

Scot was assigned to the school because he was known to be a worthless salary drawing political hack

The incident took place in Zimbabwe (Broward Couny) Florida


27 posted on 12/13/2018 12:20:52 PM PST by bert ( (KE. N.P. N.C. +12) Invade Honduras. Provide a military government)
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To: Oldeconomybuyer

IIRC, Peterson is collecting a pension of over $106,000 annually.

He LIVED on the school grounds. Didn’t even have to commute to get there!!!!


28 posted on 12/13/2018 12:25:57 PM PST by ridesthemiles
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To: Mariner

BS he was the only shot those kids had and he and the rest of those pig cowards hid outside, disband them all, worthless pigs. The average citizen would go in an draw the fire at least, if he were shooting at me then he wouldn’t be shooting at kids. pig needs to rot in jail then hell, worthless coward.


29 posted on 12/13/2018 12:27:18 PM PST by rebel25 (GOD, Family, guns, and duck hunting, everything else is just noise.)
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To: Oldeconomybuyer

What a pile...using this defense! What happen to duty? Oh wait , forgot that only goes to to our side. When they don’t do it is seems OK. Pfft!


30 posted on 12/13/2018 12:38:48 PM PST by ColdOne ((I miss my poochie... Tasha 2000~3/14/11~ Best Election Ever!)
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To: M Kehoe
How does Peterson look into the mirror to shave?

Alive. That's all that matters to him.

31 posted on 12/13/2018 12:42:41 PM PST by Fightin Whitey
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To: Oldeconomybuyer

So the unionized blue is no longer obligated to engage dangerous situations. Fire his a$$! Sue again, Rinse. Repeat!


32 posted on 12/13/2018 12:47:46 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: Para-Ord.45

But in all likelihood, he would’ve plinked off a gun-toting civilian attempting to aid/protect the children. COWARD!!


33 posted on 12/13/2018 12:49:24 PM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: Oldeconomybuyer

Sure it’ll get overturned on appeal; esp. considering the amt. of prior court cases that state the police do NOT have any obligation. (EG: Las Vegas. Columbine)

I guess then the ? is: was he a ‘police’ officer? IMO, if he had police power, the above would hold true...if just a ‘hired gun’ he failed to perform to the job and SHOULD get the ‘a # of flesh’.


34 posted on 12/13/2018 12:49:28 PM PST by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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To: Oldeconomybuyer
When those under the age of majority are required by law to be at a place that garbage about,"no duty to protect" shouldn't apply. The persons in question are required to be there and the parents can be penalized if they're not.

Government requires their presence therefore government assumes the duty to protect them.

JMHo

35 posted on 12/13/2018 12:49:38 PM PST by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
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To: DesertRhino

Exactly. At a bare minimum, this would seem to be an obvious “breach of contract” case.


36 posted on 12/13/2018 12:54:40 PM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: Mariner; All
Entry into that building would have a very, very high risk of being shot by a .223 round. Nearly certain. And nearly certain to not have affected the outcome.

I disagree with your tactical assessment.

The murderer was not a trained combat veteran, a competitive shooter, or a hunter.

He had plenty to distract him and give incoming opposition an opening.

Taking a .223 round from him was far, far from certain.

High risk, sure. Maybe in the 10-30% range.

The risk of additional deaths of innocents while Scott Peterson waffled and waited...100%.

This is not a suicide standard.

Peterson had no reason to believe there was more than one shooter, and plenty of reason to believe there was only one.

It is clear that Peterson's training on active shooters was sub-standard or non-existent. People do what they are trained to do.

37 posted on 12/13/2018 12:59:01 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: All
Assuming Scot Peterson has nominal intelligence----knows he's a P/O with clear duties-----the question is "why didnt he go in?" The answer is easy.......if Peterson went in and apprehended a minority (Cruz the shooter)......this would have stopped up the federal tax dollars Obama was pouring into Broward. Big Money ...as long as they kept minorities off the arrest roles. Deputy Peterson was apparently ordered to "wait outside."

Adhering to The Obama Plan was clearly the order of the day.

Broward police captain Jan Jordan told sheriff's deputies to 'stage' and form a perimeter outside the shooting...... as students and teachers were being massacred inside. Jordan also denied deployment of two Rescue Task Force teams that had arrived. Three paramedics and 3-4 officers had rushed to the scene to help---but Jordan denied them entry.....

A woman, Jan Jordan, 49, was in charge of deputies who responded to the first calls of the shooting.
Broward Sheriff Scott Israel himself placed Captain Jan Jordan in charge of the school massacre scene.

Jordan has since left her Captain's job, but she, like Peterson and Sheriff Israel are still cashing Broward paychecks.

38 posted on 12/13/2018 12:59:32 PM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Mariner

The facts of the incident will be brought out in a trial. The defense will surely make the argument you’ve laid out. However, I don’t think any of that was really the basis of Peterson’s attempt to have the lawsuit dismissed before trial.


39 posted on 12/13/2018 12:59:52 PM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: All
Also "in charge" that infamous day was Obama's hand picked pal from Chicago----Broward County School Supt, Robert Runcie.

Runcie got a $28,000 raise and additional benefits under his contract.The deal brings Runcie’s salary to $335,000 and extends his employment through June 30, 2023.Under the new contract, Runcie would:
-- Be able to trade in 15 of his 29 vacation days for a cash value of $20,500.
-- Get $48,000 contributed annually from the school board for retirement plans
-- Be allowed to earn a pension based on four years of his service in Chicago,
estimated to cost taxpayers $80,000.

More than 30 people lined up mostly to praise Runcie’s work since he started in 2011. Leaders of local community organizations, businesses and schools praised improved student achievement, Runcie’s communication skills and inclusion and protection of immigrants and minorities under Obama's vaunted "Promise" plan.

Runcie collected $53 million tax dollars from Obama for keeping minorities off arrest records.

Then the massacre took place.

Runcie was named Supt of The Year.


40 posted on 12/13/2018 1:01:28 PM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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