A federal judge decided that the school district and sheriff’s office had no legal duty to protect the students as they were fired upon by Nikolas Cruz in the Marjory Stoneman Douglas High School shooting in Parkland, Florida on February 14, 2018.
Police generally do not have a duty to protect individuals. Rather, they have a duty to protect the general public. Taken to the extreme, a police officer would not have a duty to protect you even if they saw someone point a gun and shoot you in the head. Their duty would be to apprehend the criminal to protect the public, but not necessarily to intervene and protect you.
State Court Believes School Resource Officer Did Have a Duty of Care
The state court felt that the community safety officer stationed at the school, Scot Peterson, did have a duty to protect, and therefore would not dismiss the case. According to Darren L. Hutchinson, a professor and associate dean at the University of Florida School of Law, when an officer has a “special relationship” with people, or acts to “enhance the risk” of harm, the officer can be liable under a negligence theory for any resulting injury.
It is expected the plaintiffs will appeal the federal court’s dismissal of the case.
Related Resources:
- Can You Sue The Police For Not Coming When Called? (FindLaw Blotter)
- Must the Government Protect Its Citizens If It Learns They Are in Danger? The Supreme Court Considers How Far Responsibility Reaches (FindLaw SCOTUS Center)
- Can You Sue Someone for Not Calling 911? (FindLaw Injured)
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