Judge tosses Parkland shooting lawsuit. Cops and schools had no duty to protect students, she says.

SummerMadness

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Judge tosses Parkland shooting lawsuit. Cops and schools had no duty to protect students, she says.
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.

I think that logic is rather odd because by law we have compulsory education, thus the state is responsible for protecting students (including the police officer stationed on campus).
 
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Ted
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Hi SM,

I would agree that there shouldn't be any monetary exchange between any parties, other than perhaps the shooter, for what happened that day. Police and school officials aren't magicians or prophets. They do the best that they can. It's very, very, very easy to armchair quarterback an incident after all is said and done. We all believe that if we were running the world we would have stopped Sirhan Sirhan, Timothy McVeigh and the myriad of other murderers who roam among us. That just isn't a possibility unless we are willing to watch everyone, everyone moment of their lives.

If I were so inclined, I could walk across the street to the elementary school in my neighborhood and start shooting up the place and murder several people before I would likely be shot dead myself. I imagine that every single person that is reading this thread could, if they too were so inclined, do the same thing.

I've never been arrested for any violent crime and could likely walk into any firearm store and walk out with any weapon of my choice. Maybe even two or three. I think there may be a waiting period in my state, I've never purchased or owned a personal firearm so I'm not particularly knowledgeable on that part of my state laws regarding firearm purchases. But, whatever, after the waiting period, I could walk over to the local school and get buzzed through the door and before anyone could react, likely shoot several people in the office and then move down the hallway shooting at random long before any police arrived. There is an armed school resource officer who sits in the front office and they'd just be the first one I'd shoot.

Trust me, anyone who would really put five minutes worth of thinking into how to attack a local school could likely carry out a reasonable plan of action. However, most of us are not people of murderous intent. We may get angry, but never to the point that we'd kill someone in our anger. But that's only most people. There is a certain number of people living in our society who will do these things and there isn't any real way to protect ourselves from them. To me, it's a sad sign of our society that we have become a people who want to hold others responsible for someone's actions.

God bless,
In Christ, ted
 
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Dave-W

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Solution might be to classify schools as prisons, will that mean students can be protected then?
I had that same thought. LOL!!!

I am sure many students consider it a prison anyway.
 
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SummerMadness

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Hi SM,

I would agree that there shouldn't be any monetary exchange between any parties, other than perhaps the shooter, for what happened that day. Police and school officials aren't magicians or prophets. They do the best that they can. It's very, very, very easy to armchair quarterback an incident after all is said and done. We all believe that if we were running the world we would have stopped Sirhan Sirhan, Timothy McVeigh and the myriad of other murderers who roam among us. That just isn't a possibility unless we are willing to watch everyone, everyone moment of their lives.

If I were so inclined, I could walk across the street to the elementary school in my neighborhood and start shooting up the place and murder several people before I would likely be shot dead myself. I imagine that every single person that is reading this thread could, if they too were so inclined, do the same thing.

I've never been arrested for any violent crime and could likely walk into any firearm store and walk out with any weapon of my choice. Maybe even two or three. I think there may be a waiting period in my state, I've never purchased or owned a personal firearm so I'm not particularly knowledgeable on that part of my state laws regarding firearm purchases. But, whatever, after the waiting period, I could walk over to the local school and get buzzed through the door and before anyone could react, likely shoot several people in the office and then move down the hallway shooting at random long before any police arrived. There is an armed school resource officer who sits in the front office and they'd just be the first one I'd shoot.

Trust me, anyone who would really put five minutes worth of thinking into how to attack a local school could likely carry out a reasonable plan of action. However, most of us are not people of murderous intent. We may get angry, but never to the point that we'd kill someone in our anger. But that's only most people. There is a certain number of people living in our society who will do these things and there isn't any real way to protect ourselves from them. To me, it's a sad sign of our society that we have become a people who want to hold others responsible for someone's actions.

God bless,
In Christ, ted
Given that the police officer sat outside while the shooting was happening, I will have to respectfully disagree. This is like a firefighter in full gear standing outside a burning building and making no attempt to save lives; the police officer was equipped to handle the situation. It was a dangerous situation, but that's the job he signed up for.
 
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mark kennedy

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I think the judge is talking about civil liability. If they do their due diligence they can't be held liable in a civil court action. It's a reasonable decision, they still have a duty to protect and serve.
 
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mark kennedy

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Given that the police officer sat outside while the shooting was happening, I will have to respectfully disagree. This is like a firefighter in full gear standing outside a burning building and making no attempt to save lives; the police officer was equipped to handle the situation. It was a dangerous situation, but that's the job he signed up for.
I think that officer was confused.
 
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Given that the police officer sat outside while the shooting was happening, I will have to respectfully disagree. This is like a firefighter in full gear standing outside a burning building and making no attempt to save lives; the police officer was equipped to handle the situation. It was a dangerous situation, but that's the job he signed up for.

Hi SM,

Look, you don't have any idea the police officer's motives and intentions when the gunfire erupted. I'm confident that he/she didn't 'sit' outside as all this was going on. But neither is a trained police officer trained to just run around like a chicken without its head. I'm not familiar with the school structure, but I'm going to assume that wherever the officer was at the time that the shooting started, he/she wasn't in a position to see the shooter. So, the first thing that has to be determined when someone hears a gunshot is to determine where did the sound come from? Then one needs to make a call for back up if they believe that an active shooting is taking place.

Now, you are likely the kind of person who would hear a gunshot and just go running off in any direction without even giving a moments thought as to 'how' to address the problem in a safe and responsible manner. Because you want to be 'looking' like you're doing something. Whether it's the right or wrong thing to do at the moment, you want to be looking like you're doing something.

Have you ever been involved in an active shooter situation? It's terribly easy for all of us sitting in the comfort of our living room armchairs directing what we think everybody else should be doing. You present yourself as a senior veteran. Is that a military veteran? Military engagement is generally different than individual engagement. How many times did you run blindly across a rice paddy shooting at everything that moved as your response to being fired upon? I'd be willing to bet that you took cover while other soldiers were being shot down around you. I served in the military and that's what we were trained to do. We weren't taught to just blindly act without any forethought unless we might be in some sort of serious firefight. Even then, we were taught to find cover and take measured and considered steps to defend against the enemy's assault.

Sometimes it's tough to walk in another man's shoes. If we weren't in the moment with the other person, it's hard to second guess what we would have done or what they should have done. People just react in such situations.

I honestly don't understand why people just don't seem to get it. Sandy Hook, Las Vegas, et.al. are all examples of gunfire rising up out of the middle of a normal day and no one is particularly prepared for it. In my area in the last couple of days a convenience store clerk was killed in a robbery. The clerk had a firearm, but what people just don't seem to want to understand is that the attacker is ready and has likely worked out a plan. The clerk had a firearm, but by the time she had reached under the counter to retrieve it and pulled it up to aim, she was already dead. I contend that if you haven't actually lived through such an event or circumstance, we're all just blowing smoke about what we would have done or what someone else should have done, after the fact.

God bless,
In Christ, ted
 
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