Father of school shooting victim sues Parkland deputy

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M-Quigley
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Father of school shooting victim sues Parkland deputy

Post by M-Quigley »

https://www.whio.com/news/national/fath ... S9R5DdNGO/" onclick="window.open(this.href);return false;

He says he doesn't want money, he wants everyone to know the deputy is allegedly a coward.
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Re: Father of school shooting victim sues Parkland deputy

Post by deanimator »

M-Quigley wrote:https://www.whio.com/news/national/fath ... S9R5DdNGO/

He says he doesn't want money, he wants everyone to know the deputy is allegedly a coward.
The odds of him recovering ANYTHING are less than those of Joe Biden winning a Nobel Prize for his work in theoretical physics, for Joy Reid to be grand marshal of the NYC Pride Parade, or for Trayon White to become President of the ADL.

There was simply no enforceable legal duty for the deputy to act, and moral duties aren't worth the paper they're not printed on.

He may be a coward, and lots of people may trumpet that fact far and wide, but he's going to be a coward living comfortably on his taxpayer funded pension, drinking beer in his bass boat, laughing at the suckers who made it possible.

He made it home safe... with a wad of cash in his pocket.
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Re: Father of school shooting victim sues Parkland deputy

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Pollack back in the news for his tweet "Democrats go to hell"
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Re: Father of school shooting victim sues Parkland deputy

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Attorney for deputy says he had No duty to act, but the judge isn't buying.

https://www.sun-sentinel.com/local/brow ... story.html" onclick="window.open(this.href);return false;
“We want to say he had an obligation, but the law isn’t that,” said Peterson’s lawyer, Michael Piper. “From a legal standpoint, there was no duty.”

Englander Henning saw it differently, finding 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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Re: Father of school shooting victim sues Parkland deputy

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Bruenor wrote:Attorney for deputy says he had No duty to act, but the judge isn't buying.

https://www.sun-sentinel.com/local/brow ... story.html" onclick="window.open(this.href);return false;
“We want to say he had an obligation, but the law isn’t that,” said Peterson’s lawyer, Michael Piper. “From a legal standpoint, there was no duty.”

Englander Henning saw it differently, finding 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.
Deputy White Feather will probably win on appeal.

The fact that he IS a coward is only buttressed by his sniveling unwillingness to be in the same room as the father of one of the kids he abandoned.
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Re: Father of school shooting victim sues Parkland deputy

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I thought the issue was settled decades ago by the USSC.
For the life of me, I cannot remember the name of the case, but involved two women who were assaulted, and claimed the police had a duty to protect them.
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Re: Father of school shooting victim sues Parkland deputy

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JimE wrote:I thought the issue was settled decades ago by the USSC.
For the life of me, I cannot remember the name of the case, but involved two women who were assaulted, and claimed the police had a duty to protect them.
There are several, including Castle Rock.
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Re: Father of school shooting victim sues Parkland deputy

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JimE wrote:I thought the issue was settled decades ago by the USSC.
For the life of me, I cannot remember the name of the case, but involved two women who were assaulted, and claimed the police had a duty to protect them.
There's at least one case for each of the 50 states listed in the book "Dial 911 and die" showing the police have no duty to protect an individual, but rather a duty to protect society as a whole.

Does that still hold true when you accept a special assignment knowing the risks of a school shooter ?
If you weren't willing to accept that role as a School R.O., then are you not also accepting a 'special duty of care' (Warren v. D.C.) ? if not, then maybe you shouldn't have requested / accepted that special assignment.

Will be interesting to see how this plays out. if it is found that he had no duty to protect, that would make the usefulness and expense of a school resource officer questionable.
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Re: Father of school shooting victim sues Parkland deputy

Post by bignflnut »

JimE wrote:I thought the issue was settled decades ago by the USSC.
For the life of me, I cannot remember the name of the case, but involved two women who were assaulted, and claimed the police had a duty to protect them.
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.

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.

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. “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.
Wasn't that the case that the students made?
Sounds close enough.
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Re: Father of school shooting victim sues Parkland deputy

Post by drc »

Every state requires children of a certain age to obtain a formal education, whether it's public school, private school, home school, or something else. Florida compulsory education laws require kids between the ages of six and 16 (younger with a high school diploma) to attend school.
They kids are kind of under custody of the school(s)/state since they are required by law to be there. I wonder if a good lawyer could go after them this way.
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Re: Father of school shooting victim sues Parkland deputy

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I won't pretend to be surprised.

The doors of the Broward County Sheriff's Department vehicles ought to say:

"We don't have to protect you and we won't let you protect yourself."
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Re: Father of school shooting victim sues Parkland deputy

Post by JediSkipdogg »

drc wrote:
Every state requires children of a certain age to obtain a formal education, whether it's public school, private school, home school, or something else. Florida compulsory education laws require kids between the ages of six and 16 (younger with a high school diploma) to attend school.
They kids are kind of under custody of the school(s)/state since they are required by law to be there. I wonder if a good lawyer could go after them this way.
I concur but then are you under the safety of the police department or the school board? I would say the school board which would then make them liable for failing to protect. I'm currently in a civil lawsuit and I'm placing blame on like three different organizations and letting the court determine which one is truly at fault.
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Re: Father of school shooting victim sues Parkland deputy

Post by TJW815 »

drc wrote:
Every state requires children of a certain age to obtain a formal education, whether it's public school, private school, home school, or something else. Florida compulsory education laws require kids between the ages of six and 16 (younger with a high school diploma) to attend school.
They kids are kind of under custody of the school(s)/state since they are required by law to be there. I wonder if a good lawyer could go after them this way.

I disagree, while they may be required by (truancy) law to be there. The doors are not locked to prevent them from leaving.
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Re: Father of school shooting victim sues Parkland deputy

Post by deanimator »

JediSkipdogg wrote:
drc wrote:
Every state requires children of a certain age to obtain a formal education, whether it's public school, private school, home school, or something else. Florida compulsory education laws require kids between the ages of six and 16 (younger with a high school diploma) to attend school.
They kids are kind of under custody of the school(s)/state since they are required by law to be there. I wonder if a good lawyer could go after them this way.
I concur but then are you under the safety of the police department or the school board? I would say the school board which would then make them liable for failing to protect. I'm currently in a civil lawsuit and I'm placing blame on like three different organizations and letting the court determine which one is truly at fault.
I would agree that while the cops have qualified immunity, the school district most certainly does NOT.

The deputy may laugh his way to the bank for being a coward, but the school district will likely settle.

As for deputy white feather, he ought to consider leaving the country. There's no telling what a newly minted millionaire with no kids and nothing to lose might do...
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