Judge rejects embattled school deputy's claim he had no duty to confront Parkland gunman

CBS "News" ^ | December 13, 2018

[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."

[zeugma]

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.

[Mariner]

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.

[uranium penguin]

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?

[so_real]

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.

[Steamburg]

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.

[Stormdog]

“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.

[bert]

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

[ridesthemiles]

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!!!!

[rebel25]

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.

[ColdOne]

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!

[Fightin Whitey]

How does Peterson look into the mirror to shave?

Alive. That's all that matters to him.

[SgtHooper]

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

[SgtHooper]

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

[i_robot73]

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’.

[Rashputin]

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

[Alberta's Child]

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

[marktwain]

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.

[Liz]

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.

[Alberta's Child]

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.

[Liz]

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.