Current Events > Judge ruled officers had no duty to protect students in parkland shooting.

Topic List
Page List: 1, 2, 3, 4, 5
Tmaster148
12/19/18 9:56:17 AM
#1:


https://www.nytimes.com/2018/12/18/us/parkland-shooting-lawsuit-ruling-police.html

The school district and sheriffs office in the Florida county that is home to Marjory Stoneman Douglas High School had no constitutional duty to protect the students there during the deadly February massacre, a federal judge has said in a ruling.

The decision was made in a lawsuit filed by 15 students who said they suffered trauma during the Feb. 14 attack in Parkland, Fla. A total of 17 students and staff members lost their lives; 17 others were injured.

Prosecutors are seeking the death penalty for Nikolas Cruz, 20, the former Stoneman Douglas student who is accused of opening fire at the school on Valentines Day. He has pleaded not guilty, but his lawyers have said he would plead guilty in exchange for a life sentence.

The Dec. 12 ruling, by Judge Beth Bloom, came on the same day that a county judge, Patti Englander Henning, came to the opposite conclusion. Judge Henning found that Scot Peterson, the armed sheriffs deputy who heard the gunfire but did not run in and try to stop the attack, did have an obligation to confront Mr. Cruz.

The two decisions in rapid succession highlight an assumption often made: the belief that the public has a right to receive protection from police officers.

But police officers, in fact, generally are not under any legal obligation to protect citizens who are not in their custody.

Neither the Constitution, nor state law, impose a general duty upon police officers or other governmental officials to protect individual persons from harm even when they know the harm will occur, said Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law. Police can watch someone attack you, refuse to intervene and not violate the Constitution.

The Supreme Court has repeatedly held that the government has only a duty to protect persons who are in custody, he pointed out.

Courts have rejected the argument that students are in custody of school officials while they are on campus, Mr. Hutchinson said. Custody is narrowly confined to situations where a person loses his or her freedom to move freely and seek assistance on their own such as prisons, jails, or mental institutions.
There are exceptions, Mr. Hutchinson said, as when a crossing guard who is specifically assigned to protect children traveling across a street allows a child to get run over while, say, the guard is being distracted by a smartphone. The crossing guard is in a special relationship with the children, in legal eyes.

When an officer has a special relationship with people, or acts to enhance the risk of harm, the officer can be liable for any resulting injury under state negligence laws, Mr. Hutchinson said.

This is likely how Judge Henning found that Mr. Peterson did have a duty to protect those inside the school and refused to dismiss the negligence lawsuit filed by Andrew Pollack, whose daughter Meadow was killed.

The county lawsuit argued that Mr. Peterson had a special relationship with students and staff members at the school because he was specifically assigned to offer them protection.

Video footage and other evidence shows Mr. Peterson, the only armed officer at the school, staying outside while shots could be heard exploding from inside the school. Mr. Peterson also launched a code red to put the entire school on lockdown.

They also argued that he enhanced the risk of death, or injury, by Mr. Cruz by negligently ordering a lockdown, which prevented escape from the building, Mr. Hutchinson said. Either of these assertions could support liability for Peterson. But I would not be surprised if the state case was reversed on appeal. It is very difficult to establish liability in this area of law.

The federal decision is expected to be appealed.

---
... Copied to Clipboard!
Tmaster148
12/19/18 9:56:31 AM
#2:


A state commission that has been investigating the attack found last week that there was a multitude of failures on the part of the school and law enforcement officials in the response to the shooting.

At least eight sheriffs deputies who raced to the school and heard gunshots stayed outside the building, the commission wrote in a 400-page draft report, and officers lost even more time scrambling to retrieve bulletproof vests from their cars.

---
... Copied to Clipboard!
eston
12/19/18 10:00:48 AM
#3:


The idea that a lone police officer should have rushed into the building when he did not know where the shooter was or even how many shooters there were is completely ludicrous and flat out unreasonable.
---
... Copied to Clipboard!
Damn_Underscore
12/19/18 10:06:36 AM
#5:


But police officers, in fact, generally are not under any legal obligation to protect citizens who are not in their custody.

Neither the Constitution, nor state law, impose a general duty upon police officers or other governmental officials to protect individual persons from harm even when they know the harm will occur, said Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law. Police can watch someone attack you, refuse to intervene and not violate the Constitution.

The Supreme Court has repeatedly held that the government has only a duty to protect persons who are in custody, he pointed out.

Courts have rejected the argument that students are in custody of school officials while they are on campus, Mr. Hutchinson said. Custody is narrowly confined to situations where a person loses his or her freedom to move freely and seek assistance on their own such as prisons, jails, or mental institutions.


Shocking headline but not a very shocking decision.

This is something the officers will be on the officers' consciousnesses for the rest of their lives, not something worthy of jail time.
---
Shenmue II = best game of all time
Shenmue = 2nd best game of all time
... Copied to Clipboard!
Tmaster148
12/19/18 10:08:00 AM
#6:


I mean. If cops don't have to protect people then what's the point in paying for them with our taxes.

Seems like wasteful spending.
---
... Copied to Clipboard!
Damn_Underscore
12/19/18 10:09:09 AM
#7:


Tmaster148 posted...
I mean. If cops don't have to protect people then what's the point in paying for them with our taxes.

Seems like wasteful spending.


You really think we shouldn't have police forces?
---
Shenmue II = best game of all time
Shenmue = 2nd best game of all time
... Copied to Clipboard!
OprahJimfrey
12/19/18 10:09:27 AM
#8:


This is what the 2nd amendment is for by the way.
... Copied to Clipboard!
Tmaster148
12/19/18 10:10:08 AM
#9:


Damn_Underscore posted...
Tmaster148 posted...
I mean. If cops don't have to protect people then what's the point in paying for them with our taxes.

Seems like wasteful spending.


You really think we shouldn't have police forces?


I think cops should be held to the responsibility of protecting the public. A police station at a school should be held to the responsibility of protecting that school.
---
... Copied to Clipboard!
TwoDoorPunkCab
12/19/18 10:10:44 AM
#10:


Tmaster148 posted...
I mean. If cops don't have to protect people then what's the point in paying for them with our taxes.

Seems like wasteful spending.


cops aren't bodyguards
---
Tell me your favourite things.
Tell me your favourite things.
... Copied to Clipboard!
Orthopox12
12/19/18 10:11:35 AM
#11:


Tmaster148 posted...
I mean. If cops don't have to protect people then what's the point in paying for them with our taxes.

Seems like wasteful spending.

While I agree they probably should have done more to protect those kids I hate when people say shit like this like cops and military members dont pay taxes too.
---
Official contributor to the Legendary "Cantina" Topic
{Current clone: Orthopox 30}
... Copied to Clipboard!
Irony
12/19/18 10:12:19 AM
#12:


They should pay more taxes and get paid less tbh
---
I am Mogar, God of Irony and The Devourer of Topics.
... Copied to Clipboard!
Tmaster148
12/19/18 10:13:17 AM
#13:


Orthopox12 posted...
Tmaster148 posted...
I mean. If cops don't have to protect people then what's the point in paying for them with our taxes.

Seems like wasteful spending.

While I agree they probably should have done more to protect those kids I hate when people say shit like this like cops and military members dont pay taxes too.


What does that have to do with anything? Cops are paid by taxes and if a service paid by taxes fails to meet public expectations then we should look at doing something else.
---
... Copied to Clipboard!
ocelot51
12/19/18 10:14:43 AM
#14:


This conclusion just feels so pessimistic to me. The cop wisely didn't put himself in danger for little gain, but this is spun as "cops have no constitutional obligation to help you". Bleak, but that's just the world we live in I guess.
... Copied to Clipboard!
NinjaWarrior455
12/19/18 10:14:47 AM
#15:


America!!!!!
---
... Copied to Clipboard!
Damn_Underscore
12/19/18 10:17:17 AM
#16:


ocelot51 posted...
This conclusion just feels so pessimistic to me. The cop wisely didn't put himself in danger for little gain, but this is spun as "cops have no constitutional obligation to help you". Bleak, but that's just the world we live in I guess.


The alternative is someone or several people going to prison for a heat-of-the-moment decision.

More people should get this benefit of the doubt, not fewer.
---
Shenmue II = best game of all time
Shenmue = 2nd best game of all time
... Copied to Clipboard!
VipaGTS
12/19/18 10:18:50 AM
#17:


eston posted...
The idea that a lone police officer should have rushed into the building when he did not know where the shooter was or even how many shooters there were is completely ludicrous and flat out unreasonable.

I agree, but isnt that scenario what pro gun people are fighting for? More guns in schools. Arm the staff. More guards....they want them to do exactly that.
---
"I devour urine just like my Portland Trailblazers, with piss poor defense."
... Copied to Clipboard!
Tmaster148
12/19/18 10:20:13 AM
#18:


ocelot51 posted...
This conclusion just feels so pessimistic to me. The cop wisely didn't put himself in danger for little gain, but this is spun as "cops have no constitutional obligation to help you". Bleak, but that's just the world we live in I guess.


It's what is ruled.

Neither the Constitution, nor state law, impose a general duty upon police officers or other governmental officials to protect individual persons from harm even when they know the harm will occur, said Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law. Police can watch someone attack you, refuse to intervene and not violate the Constitution.

The Supreme Court has repeatedly held that the government has only a duty to protect persons who are in custody, he pointed out.

Courts have rejected the argument that students are in custody of school officials while they are on campus, Mr. Hutchinson said. Custody is narrowly confined to situations where a person loses his or her freedom to move freely and seek assistance on their own such as prisons, jails, or mental institutions.


Basically unless you are arrested or have a special relationship like being a crossing guard. Cops don't have to do shit.

Which imo a guard stationed at the school should be considered to have a special relationship with people at the school like a crossing guard and kids.
---
... Copied to Clipboard!
smoke_break
12/19/18 10:20:52 AM
#19:


Okay cool so officers are there just for show, smh.
---
... Copied to Clipboard!
Webmaster4531
12/19/18 10:21:17 AM
#20:


Only blues lives matter.
---
Ad Hominem.
... Copied to Clipboard!
Zerocide
12/19/18 10:21:43 AM
#21:


VipaGTS posted...
eston posted...
The idea that a lone police officer should have rushed into the building when he did not know where the shooter was or even how many shooters there were is completely ludicrous and flat out unreasonable.

I agree, but isnt that scenario what pro gun people are fighting for? More guns in schools. Arm the staff. More guards....they want them to do exactly that.

Yeah the "Good guy with the gun" is suppose to stop the bad ones. Not let them commit terror.
---
... Copied to Clipboard!
Irony
12/19/18 10:23:16 AM
#22:


smoke_break posted...
Okay cool so officers are there just for show, smh.

Also to cuff you and shoot you in the back of the head if they feel like it.
---
I am Mogar, God of Irony and The Devourer of Topics.
... Copied to Clipboard!
#23
Post #23 was unavailable or deleted.
CountDog
12/19/18 10:25:59 AM
#24:


Just more proof that we don't have a system of justice being upheld so much as a system of rules you must abide by, like a gang. Oh and also were forced to pay dues or were evading and or rebellious. Boy what a treasured world we live in.

Honestly humans suck. Were like a really bad plague that just continues to progressively worse itself. If that is such an act.
---
... Copied to Clipboard!
Damn_Underscore
12/19/18 10:26:24 AM
#25:


The cops were obviously too afraid to put their lives on the line. If one of them had put his life on the line, whatever happened he would be considered a hero today.

Should the alternative be prison time?
---
Shenmue II = best game of all time
Shenmue = 2nd best game of all time
... Copied to Clipboard!
Tmaster148
12/19/18 10:27:02 AM
#26:


Damn_Underscore posted...
The cops were obviously too afraid to put their lives on the line. If one of them had put his life on the line, whatever happened he would be considered a hero today.

Should the alternative be prison time?


Don't be a cop if you don't want to do your job.
---
... Copied to Clipboard!
butthole666
12/19/18 10:27:46 AM
#27:


What a great nation
---
"Kenan & Kel is what made me realize I wasn't racist." ~ NewportBox100s
... Copied to Clipboard!
Webmaster4531
12/19/18 10:28:00 AM
#28:


We need an amendment for this. No one thinks this is right.
---
Ad Hominem.
... Copied to Clipboard!
Damn_Underscore
12/19/18 10:28:33 AM
#29:


Tmaster148 posted...
Damn_Underscore posted...
The cops were obviously too afraid to put their lives on the line. If one of them had put his life on the line, whatever happened he would be considered a hero today.

Should the alternative be prison time?


Don't be a cop if you don't want to do your job.


If one of the cops went into the building would he be a hero to you or just doing his job?
---
Shenmue II = best game of all time
Shenmue = 2nd best game of all time
... Copied to Clipboard!
Tmaster148
12/19/18 10:29:05 AM
#30:


Damn_Underscore posted...
Tmaster148 posted...
Damn_Underscore posted...
The cops were obviously too afraid to put their lives on the line. If one of them had put his life on the line, whatever happened he would be considered a hero today.

Should the alternative be prison time?


Don't be a cop if you don't want to do your job.


If one of the cops went into the building would he be a hero to you or just doing his job?


Doing his job.
---
... Copied to Clipboard!
MrDrMan
12/19/18 10:30:25 AM
#31:


Tmaster148 posted...
I mean. If cops don't have to protect people then what's the point in paying for them with our taxes.

Seems like wasteful spending.


Cops did protect people. Just because people were killed doesnt mean others werent saved by police. Had the police never shown up the casualties would have been even higher.

Police arent perfect and I wish people had the awareness to realize that. Theres some stuff thats blatantly wrong for police but I dont think this is. Running into a crowded school guns blazing without having ID on the shooter doesnt seem smart.

I also dont think any job or profession should make you obligated to sacrifice your life.
---
Pimpin aint easy
Chiefs/Royals/Lakers 2015/2016 champs baby
... Copied to Clipboard!
TwoDoorPunkCab
12/19/18 10:30:25 AM
#32:


don't be a cop if you don't want to throw yourself into a gunfight with no backup, no idea of how many shooters there are, or where they are ~ ce logic
---
Tell me your favourite things.
Tell me your favourite things.
... Copied to Clipboard!
Bananana
12/19/18 10:30:51 AM
#33:


Damn_Underscore posted...
The cops were obviously too afraid to put their lives on the line. If one of them had put his life on the line, whatever happened he would be considered a hero today.

Should the alternative be prison time?

Why are cops so afraid all the time? Afraid an unarmed black man is going kill them and they shoot, afraid now. Shitty cops, then. The idea that cops dont have to protect the public is fucking stupid

I dont even necessarily disagree with this case in particular. But the general notion that cops arent responsible for protecting people is bullshit.
---
... Copied to Clipboard!
spudger
12/19/18 10:31:41 AM
#34:


So cops are for murdering innocent ppl only??

Fuck Florida
---
-Only dead fish swim with the current
http://error1355.com/ce/spudger.html
... Copied to Clipboard!
Damn_Underscore
12/19/18 10:32:41 AM
#35:


Bananana posted...
Damn_Underscore posted...
The cops were obviously too afraid to put their lives on the line. If one of them had put his life on the line, whatever happened he would be considered a hero today.

Should the alternative be prison time?

Why are cops so afraid all the time?


Because they are human.
---
Shenmue II = best game of all time
Shenmue = 2nd best game of all time
... Copied to Clipboard!
Tmaster148
12/19/18 10:32:53 AM
#36:


spudger posted...
So cops are for murdering innocent ppl only??

Fuck Florida


And taking your stuff through civil forfeiture.
---
... Copied to Clipboard!
Unite
12/19/18 10:34:12 AM
#37:


American cops are jobs for people who want to go on power trips and get away with murdering black people 80% of time
... Copied to Clipboard!
OprahJimfrey
12/19/18 10:40:39 AM
#39:


Webmaster4531 posted...
Only blues lives matter.


Blue Lives Matter implies all lives, bro.
... Copied to Clipboard!
Zerocide
12/19/18 10:41:10 AM
#40:


Unite posted...
American cops are jobs for people who want to go on power trips and get away with murdering black people 80% of time

---
... Copied to Clipboard!
Tmaster148
12/19/18 10:42:09 AM
#41:


OprahJimfrey posted...
Webmaster4531 posted...
Only blues lives matter.


Blue Lives Matter implies all lives, bro.


It does not.
---
... Copied to Clipboard!
OprahJimfrey
12/19/18 10:42:49 AM
#42:


Tmaster148 posted...
OprahJimfrey posted...
Webmaster4531 posted...
Only blues lives matter.


Blue Lives Matter implies all lives, bro.


It does not.


The "too" is silent, bro.
... Copied to Clipboard!
Tmaster148
12/19/18 10:45:27 AM
#43:


OprahJimfrey posted...
Tmaster148 posted...
OprahJimfrey posted...
Webmaster4531 posted...
Only blues lives matter.


Blue Lives Matter implies all lives, bro.


It does not.


The "too" is silent, bro.


There is no "too" in your post.
---
... Copied to Clipboard!
Webmaster4531
12/19/18 10:46:42 AM
#44:


OprahJimfrey posted...
The "too" is silent, bro.

"Only blue lives matter too" makes no sense.
---
Ad Hominem.
... Copied to Clipboard!
eston
12/19/18 11:05:12 AM
#45:


Unite posted...
American cops are jobs for people who want to go on power trips and get away with murdering black people 80% of time

I guess it doesn't matter to you that the vast majority of them go their entire careers without killing anyone
---
... Copied to Clipboard!
spudger
12/19/18 11:22:18 AM
#46:


Tmaster148 posted...
spudger posted...
So cops are for murdering innocent ppl only??

Fuck Florida


And taking your stuff through civil forfeiture.

Yep

Disgusting
---
-Only dead fish swim with the current
http://error1355.com/ce/spudger.html
... Copied to Clipboard!
OctilIery
12/19/18 11:23:30 AM
#47:


eston posted...
The idea that a lone police officer should have rushed into the building when he did not know where the shooter was or even how many shooters there were is completely ludicrous and flat out unreasonable.

Seriously, this. People insist that cops should be expected to throw their lives on the line.
... Copied to Clipboard!
Offworlder1
12/19/18 11:39:42 AM
#48:


Here it is as plain as day, police are not obligated to protect people not in their custody, the fact that:

neither the constitution or state law impose a general duty upon police officers or other governmental officials to protect induvidual persons from harm even when they know the harm will occur is proof people should not and can not depend on the police to keep them safe.

Police can watch someone attack you, refuse to intervene and not violate the constitution is one huge so you really think only cops should have guns now ? question I ask everyone now when those police are not there to keep anyone safe.

With these facts there is no reason at all to oppose self defense and owning firearms. Unless you can hire a bodyguard owning a gun is the best way to keep your loved ones and yourself safe since you clearly cant depend on the police to save you or keep you from harm.
---
"Always two there are, a master and an apprentice"
3DS FC: 1564 - 7512 - 1815
... Copied to Clipboard!
Webmaster4531
12/19/18 11:47:14 AM
#49:


You'll be safe until the cops work up their courage and numbers to shoot you in the back.
---
Ad Hominem.
... Copied to Clipboard!
CreekCo
12/19/18 11:52:42 AM
#50:


Offworlder1 posted...
Here it is as plain as day, police are not obligated to protect people not in their custody, the fact that:

neither the constitution or state law impose a general duty upon police officers or other governmental officials to protect induvidual persons from harm even when they know the harm will occur is proof people should not and can not depend on the police to keep them safe.

Police can watch someone attack you, refuse to intervene and not violate the constitution is one huge so you really think only cops should have guns now ? question I ask everyone now when those police are not there to keep anyone safe.

With these facts there is no reason at all to oppose self defense and owning firearms. Unless you can hire a bodyguard owning a gun is the best way to keep your loved ones and yourself safe since you clearly cant depend on the police to save you or keep you from harm.


Sad but true. Messed up world we live in.
---
*Triggered*
... Copied to Clipboard!
Offworlder1
12/19/18 11:58:15 AM
#51:


The messed up part is that the police and the government were suppose to be there to keep people safe and secure once. One of the reasons we had established goverment was to be a voice of the people unlike some countries but that is pretty much dead now.

People need to learn how to protect themselves and stop supporting shit like gun control that makes it extremely difficult for honest poor people to defend themselves. Gun control is all about making it hard for regular people to have access to firearms which is why a lot of people have to turn to crime and get illegal guns which is a slippery slope.
---
"Always two there are, a master and an apprentice"
3DS FC: 1564 - 7512 - 1815
... Copied to Clipboard!
butthole666
12/19/18 11:59:27 AM
#52:


It make sense for a lone cop to not run in to an active shooter situation. It make them a shit cop, but its a human response. The problem here is making that legal precent.

This

Offworlder1 posted...
neither the constitution or state law impose a general duty upon police officers or other governmental officials to protect induvidual persons from harm even when they know the harm will occur

Is an absolutely terrifying and abhorrent thing to have on the books and this judge should be ashamed for his gross incompetence and irresponsible ruling
---
"Kenan & Kel is what made me realize I wasn't racist." ~ NewportBox100s
... Copied to Clipboard!
Topic List
Page List: 1, 2, 3, 4, 5