A federal judge in Florida has shockingly ruled that law enforcement and school districts have NO DUTY to protect students.
This is sick, as the Orlando Sentinel reports:
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.
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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.
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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.
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“Thus, the critical question the Court analyzes is whether defendants had a constitutional duty to protect plaintiffs from the actions of Cruz.
“As previously stated, for such a duty to exist on the part of defendants, plaintiffs would have to be considered to be in custody” — for example, as prisoners or patients of a mental hospital, she wrote.
Well, guess we’re now at a place where you either equip your kids to defend themselves in the event of a shooting attack, or if that is illegal or impossible, home school them.
The state has made clear the safety of your children or grandchildren is not their care or concern.
While Judge Bloom has made clear her contempt for the safety of children, a state judge in Florida had a different take earlier this month:
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Bloom’s ruling contrasts with the action of a Broward County judge last week.
Broward Sheriff’s sergeant called ‘an absolute, total failure’ as Parkland shooting panel slams agency
In that case, Peterson’s lawyer sought to dismiss a lawsuit filed by the family of Meadow Pollack, one of 17 people killed in the shooting. Broward Circuit Judge Patti Englander Henning rejected his argument that Peterson had “no legal duty” to protect the students and faculty.
Englander Henning found that Peterson had a duty to the school community as someone whose job was security and who had an “obligation to act reasonably” under the circumstances of the shooting.
The judge also found Peterson was not protected from the lawsuit by “sovereign immunity,” a legal doctrine that shields public employees from legal action based on their official conduct.
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Joel Perwin, Pollack’s attorney, said: “We don’t think it’s even debatable that Peterson had a duty to these students. Peterson’s disclaimer of any legal responsibility is a mirror of his abdication of his responsibility for these kids,” he said.
Peterson’s lawyer, Michael Piper, said he would appeal the ruling.
If you care about your kids and grand-kids the choice is clear.
DO NOT under any circumstances allow them to go to a public school where their safety is not a primary concern or a “duty.”