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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge: Florida school had no duty to predict student danger
https://www.localmemphis.com/mobile/article/news/nation-world/florida-school-had-no-duty-to-predict-student-danger/507-7ee15f65-87eb-4d7b-b242-06149cd823aaJudge: Florida school had no duty to predict student danger
A judge said the Broward County school district can't be held liable for failing to predict actions that were beyond its control.
Author: Associated Press
Published: 8:26 AM CST February 9, 2021
Updated: 8:26 AM CST February 9, 2021
FORT LAUDERDALE, Fla A Florida judge has ruled that a local school district had no responsibility to warn students and faculty at Marjory Stoneman Douglas High School of the danger posed by a former student who would later be accused of a mass shooting that killed 17 people.
Broward Circuit Judge Patti Englander Henning said Monday that the Broward County school district cannot be held liable for failing to predict actions that were beyond its control, the South Florida SunSentinel reported.
Snip
The District had no control over Cruz, the judge ruled. They did not have custody over him. He was not a student in the system and had not been for over a year. In fact, he was refused access to the campus once he left school. Nor did the district have pre-knowledge of a definitive threat by Cruz.
Then they should not be allowed to legally require students to attend school there, imo.
More at link.
no_hypocrisy
(46,150 posts)have the duty to warn of patients' inherent and impending danger to others. There's more of a confidentiality component involved with this situation versus a school.
SheltieLover
(57,073 posts)And in some states TN being one of them, every adult is a mandated reporter!
So if a school soc worker, counselor or psychologist had seen that murderer, they would have had a world of mess on their hands.
School & district personnel KNOW who trouble makers are! They deal with them daily.
So why isn't there a "do not admit" list with pictures?
Well, the shitbags' identities must be protected.
niyad
(113,498 posts)SheltieLover
(57,073 posts)niyad
(113,498 posts)Guessing another qpube denying liability to victims.
PoindexterOglethorpe
(25,871 posts)show up with a gun and start shooting?
It would actually make far more sense to hold the gun manufacturers and sellers responsible when someone uses their gun to kill.
SheltieLover
(57,073 posts)While it is possible for such murders to occur with school & district personnel unaware of oppisitional traits, conduct disorder & anti-social behavior, it is VERY RARE.
PoindexterOglethorpe
(25,871 posts)Do you really think that it's practical for every entrance to be guarded by someone with a bunch of pictures of those not allowed in, and letting people in one by one?
But more to the point, there was truly no way for the school to have predicted this. Or pretty much any other school shooting that has happened in recent decades.
The more fundamental issue is guns. I'm sorry, but everyone who says we can't possibly deprive people of their right to own weapons of mass destruction is really saying it's okay for these shootings to happen. Take away the guns. Don't expect schools or workplaces to have a crystal ball and be able to foresee who will show up armed one day and kill a bunch of people.
And while we're at it, let's actually show pictures of the damage inflicted by high-powered guns.
SheltieLover
(57,073 posts)Last edited Tue Feb 9, 2021, 01:45 PM - Edit history (1)
Yes, assault weapons should be banned, but why are school doors not ALL alarmed to alert everyone that an unapproved person has entered?
Generally, there are 2 entrances to schools in the morning: bus riders & those who drive, walk, etc.
So, yes, it is entirely possible to monitor those who enter.
This murderer likely has QUITE a lengthy disciplinary history, as evidenced by the fact that he was not allowed there after leaving the school.
Why not publicize it?
Allowing the school & district to avoid liability only emboldes others to repeat mass murders of innocebt children.
Trust me, school personnel KNEW he was a threat!
Wellstone ruled
(34,661 posts)after decades of watching how Politics and Religion screw up School Boards and launch Wannabe Politicians. One can understand the how and why of School massacres.
Our local School Board went from the Model District to a also run operation launching two Board members as local Politico's while both had Problem Children in the same School System,bullying and creating classroom issues with zero intervention because Mommy was a Board Member.
Have to say,we got lucky having three Kids attending the same Junior and Senior Highs at the same time. And yes,we did go toe to toe with Superintendents with zero results.
Building Staff as well as Teachers knew .
SheltieLover
(57,073 posts)And protected his identity as a potential threat!
Glad your kids were together in school so they could look out for each other!
Wellstone ruled
(34,661 posts)our Kids,like others,formed groups for self protection . The one Bully was on the watch list since Elementary,but,Mommy was the Teacher's Union President at the time. Then she was elected to the Board and later to a Mayor Position of our City. Each move made her Son more Bold in his actions.
A similiar situation was happening with the other Student only in another Part of the District. Once again Mommy made it on to the Board and became a City Council Member in the Neighboring City. Once again her Son became more aggressive.
In each case,School Staff tried to remove these Kids,but,Mommy put the kibosh on that.
SheltieLover
(57,073 posts)One of my kids was once harassed & physically assaulted by the child of woman who ran Girl Scout cookid drive.
Hmmm...
Best defense is a strong offense, so I taught basic self-defense.
One more time the bully tried. Got ass beat to a pulp. Problem solved.
Principal had the gall to issue a detention. I marched into office & castigated that self-sanctimonous sob, tore up the detention slip, threw it at him & told him to go fuck himself.
Wellstone ruled
(34,661 posts)Mayor's Son did not see it coming. Mommy tried using the Court System to accuse people of attacking her son and even tried to use the local PD in a effort to punish her Son's Perceived so called attackers.
We later found out whom might have been the ones who made Attitude Adjustments on this Kid. Football Team Members were mentioned. Interesting bit is,this all went down on Class Graduation Night.
SheltieLover
(57,073 posts)That must've been fun to watch unfold.
Wellstone ruled
(34,661 posts)left his Graduation Party early with some of his Bud's. Next morning the Kid had a smile like a Cat that ate the Bird. Did not want to know.
SheltieLover
(57,073 posts)Wellstone ruled
(34,661 posts)were Classmates since Kindergarten. Including the Bully.
SheltieLover
(57,073 posts)Wellstone ruled
(34,661 posts)One of his Bud's clued us in several months later as to the time and place. Never a discussion since.
SheltieLover
(57,073 posts)👍
Ty for sharing a happy ending to a sordid tale.