Scot Peterson Had No Duty To Stop School Shooting, His Attorneys Say
BY Herschel Smith
6 years, 4 months ago
Many have called him a coward, but former sheriff’s deputy Scot Peterson had no legal duty to stop the slaughter at Marjory Stoneman Douglas High School, his attorneys say.
Peterson took shelter rather than confront the killer, but he did not act with malice or bad faith, according to his attorneys, Michael Piper and Christopher Stearns of Fort Lauderdale. Therefore he can’t be held legally responsible for the deaths, they say in court documents.
Allegations against Peterson suggest only that he “opted for self-preservation over heroics,” the attorneys wrote.
The statements came in a motion seeking to dismiss a lawsuit filed by Andrew Pollack, the father of 18-year-old Meadow Pollack, who was killed in the shooting.
[ … ]
Peterson’s lawyers say police officers are responsible for injury only if the officer takes control of a situation and people are hurt as a result or if the officer creates risk.
A Florida statute gives immunity to officers for injury suffered as a result of what they do while on the job unless they acted in bad faith or exhibited “wanton and willful disregard of human rights, safety, or property, ” the attorneys say.
I told you so. There is a difference between cowardice or irresponsibility and legal culpability. An officer who does something like that isn’t a man and should be shamed until he leaves the earth.
But he isn’t legally required to assist. Period. We’ve seen that before with Castle Rock versus Gonzales and Warren versus the District of Columbia. The attorneys didn’t even have to get there because Florida law protects LEOs.
Now. I want every gun controller out there to queue up and tell me how I should relinquish my guns because the cops will protect me and my family.
Go ahead. I’m waiting. Let’s hear it. Bring it.
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On June 17, 2018 at 9:12 pm, Sarthurk said:
You totally have this correct.
2A is not something to be frivolous with. it has many hard meanings, and SCOTUS has iterated that.
This IS the reason for 2A. Unfortunately, a large group of folks don’t seem to be able to understand. OR They are too weak to think for themselves.
I don’t know. Things are getting quite strange in the politically dead state of Orygun.
On June 17, 2018 at 9:47 pm, Dan said:
From a legal standpoint the lawyer if probably correct. There are MULTIPLE court decisions including some from the SCOTUS that hold
that LEO have ZERO duty to protect individuals and cannot be held accountable for failure to do so. Doesn’t change the fact that Peterson is a cowardly douchebag who needs to go suck start a 12 guage.
On June 18, 2018 at 3:43 am, DAN III said:
If the badged thugs are not “legally” required to assist the citizen, their employer, then why are these government scoundrels occupying taxpayer-funded schools ?
And the Deep States continues to grow and infiltrate.
On June 18, 2018 at 5:19 am, Leigh said:
That is where you are wrong, Dan.
WE do not employ law enforcement. The people that steal money out of our every paycheck, pay them. Therefore, they aren’t beholden to us, in the least.
In a description I read before, the “sheep dog” moniker is a rather fitting one as well. A sheep dog doesn’t protect the sheep for their benefit, but for the benefit of its master. The sheep are the source of income for the master, so it is the job of the dog to keep the sheep huddled up and the predators away from the property of the owner. Unruly sheep, or ones of no profitable value, are culled from the herd – as an example.
Leigh
Whitehall, NY
On June 18, 2018 at 8:52 am, Leigh said:
My comment was meant for Dan III .
I didn’t realize both commenters were named Dan, when I posted.
Leigh
Whitehall, NY
On June 18, 2018 at 9:36 am, revjen45 said:
Just imagine calling the police for help and this coward shows up. No thanks. If I need a first responder it will be a 12 gauge pump.
On June 18, 2018 at 11:48 am, I R A Darth Aggie said:
I would really like to see an unredacted copy of the contract between the school board and the sheriff’s office regarding the school resource officer position. I wonder if it discusses any contractual obligation to defend the occupants?
That said, unless the SRO is a signatory to the contract he probably is not bound by such terms.
On June 18, 2018 at 12:09 pm, Gryphon said:
The po-Lice Exist only to “Protect and Serve” the bureaucracy, and the CRIMINALS.
Without their badged thugs, the .gov ‘zoning inspector’ who tried to Fine a Homeowner for building a Treehouse for the Kids would merely be Beaten Senseless. The neighborhood Crackhouse or Meth Lab would Burn Down. The local branch of MS-13 or other Cockroach Gang would be used for Target Practice. All of these things would Improve Life for the Honest Folks, and a hell of a lot of Lazy, Cowardly .gov ’employees’ would have to get Real Jobs.
The Fact that (((their))) ‘laws’ Explicitly Remove any requirement for the po-Lice to actually “Protect” the Citizens is evidence enough that these agencies are Illegitimate and should not Exist.
On June 18, 2018 at 12:18 pm, Adam Baum said:
Police; the criminal’s first line of defense.
On June 18, 2018 at 2:53 pm, Pat Hines said:
I looked up and used to quote the California statute that protected cops from lawsuit for failure to protect, to those who made the claim about cops protecting us from harm.
Those of the Gun Confiscation Lobby didn’t care. They didn’t care because reducing injury and death isn’t their goal.
They hate us and want us disarmed and dead.
On June 18, 2018 at 3:28 pm, GomeznSA said:
Two quick thoughts: 1) he may not have had a legal obligation to intervene but he certainly had a MORAL obligation – IOW he has blood on his hands. 2) he violated written standard operating procedures – ie his conduct was probably sufficient to get him fired. Period.
BTW – the ‘security monitor’ at least had the ‘excuse’ of not being armed for failing to intervene, this ‘deputy’ didn’t.
On June 19, 2018 at 4:11 am, Dan said:
@Leigh. Doesn’t matter what you think, believe or want. MULTIPLE
court decisions INCLUDING the Supreme Court says YOU are wrong.
LEO have NO duty whatsoever towards an individual citizen and
CANNOT be held legally accountable for failing to protect ANYONE.
The fact that the people who are taxed to PAY their salaries are the same
people they do NOT have to serve is IRRELEVANT as far as the courts are concerned. You may not LIKE this reality but it IS reality. Deluding yourself into believing falsehoods doesn’t change this reality and doesn’t serve ANYONE except those in power.
On June 19, 2018 at 6:05 am, DAN III said:
Leigh @ 0852,
Your response to “Dan” seems a bit convoluted. The scoundrels you claim “pay” the badged thugs (your “law ENFORCEment) simply administer and distribute our payments one knows as taxation. Now using your reasoning it would appear us tax sheep “pay” no one. Who pays those who “steal money out of our every paycheck” ?
Your mentality regarding who “pays” is compounded by your honorific describing cops, former peace officers, today’s badged thugs as “law enforcement”. As an aside, who “pays” your Peoples Democratic Republic of New York’s governor, communist Andrew Cuomo ? Certainly not the taxPAYER, eh ?
At best your argument and intended reply to me is simply semantics, no matter how convoluted it is. Perhaps our tax payments should just be termed charity, eh ?
You may want to pull out a Websters and look up the word “taxPAYER”. That socialist Regents curriculum of the Peoples Democratic Republic failed you.
On June 19, 2018 at 6:43 am, Leigh said:
@Dan
I think you need to re-read what I posted – as I am in complete agreement with you. Law enforcement’s job is to keep the citizens complacent and the criminals from overly affecting TPTB’s revenue stream. No where did I make mention, or even hint at, there being an individual responsibility to us. As a matter of fact, I actually said that : “Therefore, they aren’t beholden to us, in the least.” .
My only issue with your statement was that we (you and I, the people) employ law enforcement. We do not. Hence why they are not compelled to protect any individual person.
Leigh
Whitehall, NY
On June 19, 2018 at 8:11 am, SGT.BAG said:
Every day men paid with your tax dollars, train to kill you upon the orders of the government. Act accordingly.