Home US News Judge finds officials had no constitutional duty to protect Parkland students

US News

Judge finds officials had no constitutional duty to protect Parkland students

CBS Report

December 18, 2018

622

Judge finds schools, sheriff's office had no constitutional duty to protect Parkland students

Updated on: December 18, 2018 / 5:05 PM / CBS/AP

Video shows events outside school shooting

A federal judge has ruled that schools and sheriff's officials in Broward County, Florida, had no constitutional duty to protect students during the Feb. 14 shooting massacre at Marjory Stoneman Douglas High School that left 17 dead and wounded 17 others, reports the Sun-Sentinel.

U.S. District Judge Beth Bloom dismissed a suit filed by 15 students against six defendants, including the Broward school district, the county sheriff's office and Scot Peterson, the embattled deputy who failed to confront gunman Nikolas Cruz as shots rang out.

The lawsuit accused the defendants of violating the students' rights under the 14th Amendment, which disallows deprivation of life, liberty and property without due process. Bloom, however, ruled the students would have to be considered in custody for officials to be constitutionally required to protect them from Cruz.

Scot Peterson, a former Broward County Sheriff's deputy, never entered Marjory Stoneman Douglas high school during a Valentine's Day mass shooting that left 17 dead CBS Miami

The lawsuit said Peterson's "arbitrary and conscience-shocking actions and inactions directly and predictably caused children to die, get injured, and get traumatized," arguing that sheriff's and school officials "either have a policy that allows killers to walk through a school killing people without being stopped" or "have such inadequate training that the individuals tasked with carrying out the policies … lack the basic fundamental understandings of what those policies are such that they are incapable of carrying them out."

The lawsuit claimed Superintendent of Broward County Schools Superintendent Robert Runcie and Broward County Sheriff Scott Israel were well aware of the potential danger the shooter posed and a lack of security at the school but "chose not to fix it," reported CBS affiliate WPEC.

"We didn't deserve that. We were just students and we thought we were safe at school and we didn't need that to happen to us," former student Audrey Diaz told the station in January following the filing of the suit.

Bloom ruled the 14th Amendment generally provides due process protection from state actors, not third parties.

"The claim arises from the actions of Cruz, a third party, and not a state actor," Bloom wrote in a Dec. 12 ruling. "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."

The ruling comes a week after Broward Circuit Judge Patti Englander Henning last week, who rejected Peterson's claim that he had "no legal duty to protect students and faculty" when she refused to dismiss a negligence lawsuit filed by Andrew Pollack, whose daughter Meadow was killed in the attack. Henning found Peterson had an "obligation to act reasonably" in his capacity as an officer at the school during the shooting.

US-SHOOTING-SCHOOL — A memorial for Meadow Pollack, one of the victims of the Marjory Stoneman Douglas High School shooting, sits in a park in Parkland, Florida on February 16, 2018. Rhona Wise / AFP/Getty Images

Pollack said it made no sense for Peterson's attorneys to argue 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 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."

Piper has said he would appeal the ruling.

Cruz has pleaded not guilty, but his lawyers have said he would plead guilty in exchange for a life sentence. Prosecutors are seeking the death penalty.

First published on December 18, 2018

Judge finds officials had no constitutional duty to protect Parkland students

15 survivors of the school rampage that left 17 dead claimed officials should have done more to stop the massacre

updated 6M ago

Penny Marshall, "Laverne & Shirley" star, dead at 75

Actress Penny Marshall, best known for playing Laverne DeFazio on "Laverne & Shirley," has died

updated 10M ago

Tucker Carlson's show loses advertisers over immigration comments

While several are pulling ads, the biggest ones are so far sticking with the Fox News host, despite controversy

updated 2M ago

Stocks stanch the bleeding ahead of key Fed decision

Investors looking for signs that Federal Reserve officials may slow their push to hike interest rates

updated 6M ago

North Carolina governor vetoing bill with congressional race redo

State Democratic and GOP leaders are calling for a new election for a disputed House race in North Carolina's 9th Congressional District over election fraud claims

1H ago

The Takeout: A CBS News original political podcast

“The Takeout” is a weekly podcast about politics, policy and pop culture hosted by CBS News Chief White House correspondent Major Garrett

updated 10M ago

North Carolina governor vetoing bill with congressional race redo

State Democratic and GOP leaders are calling for a new election for a disputed House race in North Carolina's 9th Congressional District over election fraud claims

1H ago

White House briefs press amid shutdown negotiations – live stream

Press Secretary Sarah Sanders is delivering a White House press briefing as Congress, White House negotiate government funding, and after former National Security Adviser Michael Flynn was sentenced for lying to FBI

1H ago

It's "too soon" to say if shutdown will happen, Trump says

President Trump has invited family members of victims of the Parkland shooting to the White House

1H ago

Lawmakers: Mom tear-gassed at border allowed into U.S.

Two Democrats from California live-tweeted a group of migrants, including a family that gained attention for being tear-gassed at the border, seeking asylum in the U.S.

3H ago

First transgender woman competes in Miss Universe pageant

"Today I am here, proudly representing my nation, all women and human rights,” she said

updated 9M ago

Number of journalists killed worldwide increases in 2018

Reporters Without Borders said 63 journalists died in relation to their jobs from in the first 11 months of 2018

2H ago

Lawmakers: Mom tear-gassed at border allowed into U.S.

Two Democrats from California live-tweeted a group of migrants, including a family that gained attention for being tear-gassed at the border, seeking asylum in the U.S.

3H ago

Drone delivers vaccines for kids on remote island

The drone delivery covered almost 25 miles of rainforests and rugged mountainous terrain

4H ago

Mom who couldn't see dying son due to travel ban gets waiver

The child, a U.S. citizen, has been on life support at UCSF Benioff Children's Hospital in Oakland for the past month

3H ago

Stars pay tribute to Penny Marshall

The "Laverne & Shirley" star and successful director died at her Hollywood Hills home from diabetes-related complications

updated 11M ago

First transgender woman competes in Miss Universe pageant

"Today I am here, proudly representing my nation, all women and human rights,” she said

updated 9M ago

Penny Marshall, "Laverne & Shirley" star, dead at 75

Actress Penny Marshall, best known for playing Laverne DeFazio on "Laverne & Shirley," has died

updated 10M ago

Cardi B gets asked out on "Carpool Karaoke"

The rapper has some new fans at the Culver City Senior Center

1H ago

"Vice's" Christian Bale and Adam McKay chronicle Dick Cheney's rise to power

To play the former vice president, Bale shaved his head and packed on some 40 pounds

7H ago

#LogOutFacebook fuels protests, canceled accounts

Facebook's data breaches and privacy issues are prompting critics like the NAACP to log off their accounts

updated 7M ago

Huge floating device isn't trapping plastic in Pacific Ocean

The young innovator behind the project said a fix was in the works

2H ago

Sandberg says Facebook needs to do more to protect users' civil rights

Facebook released the findings of an audit led by a longtime ACLU director

2H ago

SpaceX, Blue Origin delay rocket launches

Bad weather and technical snags delayed multiple rocket launches Tuesday

2H ago

Report finds women abused on Twitter every 30 seconds

Amnesty International surveyed the Twitter feeds of 778 female politicians and journalists and found they received 1.1 million "abusive or problematic" tweets in 2017

4H ago