Scot Peterson argues he didn’t have to intervene in Parkland school shooting, A judge disagrees.

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Slartibartfast
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Scot Peterson argues he didn’t have to intervene in Parkland school shooting, A judge disagrees.

Post by Slartibartfast »

Wow this POS coward finally shows his true colors !

i'm surprised one or more of the parents haven't dealt with
him personally !




Scot Peterson argues he didn’t have to intervene in Parkland school shooting. A judge disagrees.



https://www.sun-sentinel.com/local/brow ... story.html

The only armed deputy stationed at Marjory Stoneman Douglas High School the day of Nikolas Cruz’s deadly rampage asked a Broward judge on Wednesday to find he had “no legal duty” to protect the students and faculty from harm.

The judge rejected his argument.

Scot Peterson, who resigned from the Broward Sheriff’s Office in late February and is accused of shirking his responsibility by hiding instead of confronting Cruz, wanted Broward Circuit Judge Patti Englander Henning to dismiss a lawsuit filed by the family of Meadow Pollack, one of 17 people shot and killed in the Parkland school on Feb. 14.

“We want to say he had an obligation, but the law isn’t that,” said Peterson’s lawyer, Michael Piper. “From a legal standpoint, there was no duty.”

Englander Henning saw it differently, finding Peterson had a duty to the school community as someone whose job was security and who had an “obligation to act reasonably” under the circumstances of the shooting.

The judge also found Peterson was not protected from the lawsuit by “sovereign immunity,” a legal doctrine that shields public employees from legal action based on their official conduct.

Piper said he would appeal the ruling.

Peterson was not in court Wednesday for the hearing — in a separate motion he asked the judge to keep Pollack’s father, Andrew, from attending a formal interview as part of the lawsuit. Pollack, who is also suing Cruz, as well as the family that took him in two months before the shooting, and his mental health providers, sat at the plaintiff’s table during the hearing.

One of the lawyers representing Pollack expressed shock that Peterson would try to get out of the lawsuit.

“It is inconceivable that anyone could advance the proposition that Scot Peterson had no duty to these people,” said attorney Joel Perwin. “That is an absurd proposition. … This was an abdication of responsibility when this [shooting] happened, and it is an abdication of responsibility now in this courtroom.”

Cruz is facing the death penalty if convicted of 17 counts of first-degree murder. He is also charged with 17 counts of attempted murder. On Tuesday he was formally charged with attacking a deputy and removing his stun gun at the Broward main jail, where Cruz has been housed since the Stoneman Douglas shooting.

On Wednesday, after Englander Henning rejected Peterson’s motion to dismiss, attorneys argued over the deputy’s effort to keep Andrew Pollack from attending his deposition. Piper argued that comments Pollack had made about Peterson online, while not explicitly “threats,” were hostile and “unfriendly.”

Pollack posted a comment on a GoFundMe page Peterson established for his legal defense fund, asserting that “the only thing we should help him with is which solid tree to hang a noose from.”

In a later interview with the South Florida Sun Sentinel, Pollack acknowledged writing the comment and added, “He’s not going to hide from me forever. One way or another, he’s going to sit across from me at that table.”

Piper cited that comment as further reason Pollack should not be permitted to attend Peterson’s deposition.

Englander Henning postponed Peterson’s deposition, originally scheduled for next Monday, but ruled that Pollack could attend it.

Outside the courtroom, Pollack dismissed the implication that he could not be entrusted to be in the same room with Peterson.

“I just want to look that guy in the eye,” Pollack said. “It’s about accountability for the 17 victims and my daughter. He had a duty to go in there and protect and save my daughter. And he failed everybody that day.”
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Post by rug357 »

Slartibartfast wrote: Thu Dec 13, 2018 10:24 am Pollack, who is also suing Cruz, as well as the family that took him in two months before the shooting...
Why is he suing the only people that tried to help Cruz kid?
I guess it's the American way...sue everybody just because you can.
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Post by Miami_JBT »

Peterson is correct though. Warren v DC, Town of Castle Rock v Gonzales, and DeShaney v Winnebago County all state that government nor its agencies and agents have a duty to act.
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Post by lakelandman »

The fact that POS Scot Peterson is not in jail and his collecting his retirement pension is BS.
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Post by Cubanstang50 »

I am pretty sure most cops hate him. I know all my friend cops do and have no respect for him. But he is right. He can run back like a bitch and wait for backup.
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Post by GunsandHoses »

I don't agree with it, but I thiught this was already tested and the SCOTUS ruled there is NO duty to act/protect?!
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Post by dammitgriff »

GunsandHoses wrote:I don't agree with it, but I thiught this was already tested and the SCOTUS ruled there is NO duty to act/protect?!
We have a winner. According to the SCOTUS this is “settled” law.
Still think they are on our side?
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Post by Racer88 »

Yep. Peterson is absolutely correct, and he WILL WIN. The precedents are numerous and unanimous.

The fact that the police (nor ANY gov't agency) owe citizens NO DUTY to protect them from harm, is THE BEST argument in FAVOR of the 2nd Amendment.

The police are NOT "first responders." They are SECONDARY responders. YOU are your OWN "first responder."

Some of the precedent-setting cases have already been mentioned. Another is Lozito vs NYPD. Look it up.

Also: Barela vs City of Denver.

What is alarming is that the local judge apparently didn't do ANY homework on this. The judge should know better.
Last edited by Racer88 on Fri Dec 14, 2018 7:49 pm, edited 1 time in total.
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Post by Firemedic2000 »

Thanks for posting. This was a great read. Very informative. It makes you really think. My wife and I had an experience like this at our home.

When a deputy just walked on our dock one night out of the blue while we were sitting on our deck after dinner. Then started yelling at us to go into our home.

When I asked why......he said we were messing with his dog. We'd not said a word to him or that dog. Plus ......

He said his dog tracked a suspect to our dock which was a lie. Because we'd been out there all evening. Then made comment that his dog keeps wanting to come up where we are. :evil:

He did not even ask us if we'd seen or heard anything. Plus our neighbors on both sides of us were standing on their decks also. So wtf.

But strange thing is we did go into home after he told us why. But I mistakenly just from habit turn my outside lights off. I did not do it on purpose. Just from habit.

He left then came back to my home with 5 deputies and demanded I come back outside.

Which I did and he arrested me for messing with his dog. :?: Obstruction wo violence. :roll: wtf my wife and I did not obstruct anything.

Now this deputy tried his best to get me to resist. He slammed me against my house and kinda roughed me up. He was screaming and demanding ID wife accidently handed him my ccw lic.

He went beserk. Yelling you got a gun. Was you going to shoot me. Are you drunk. Have you been drinking. Are you on drugs. Which I answered YES. Then he really went off.

What kind, then my wife told him. I'd just taken a ton of meds. I was extremely sick at that time and that's why I was acting slow at that moment. I took after he ordered us in.

I really thought this guy was going to cuff me and beat the crap out of me. But I was totally submissive. Because I knew they were just waiting for any excuse to pounce on my ass.

But once they found out I worked for the county. The other 5 deputies seemed to back some what. But not rambo.

My wife yelled at him you just can't come on our property uninvited and make up charges and arrest people for nothing. This is not a police state.

This is where it got interesting.

The arresting corrupt sheriff yell to my wife.

When ever I show up on scene it is a police state and I can do what ever I want to do.


Long story short my neighbor and his wife were breaking up. They own the fish house on shell point rd in ruskin.

The exhusband. Who was a drug addict also pretended someone broke into his home and fired his gun. He said intruder to a bag of money and was never caught.

I found this out from his wife a year later.

My charges were thrown out by the judge after I paid an attorney a grand. But now I have an arrest record. I've never had a speeding or parking ticket.

I need to find out how to get that off of my record without paying an attorney.

Oh yeah while I was sitting in the back set of patrol car. I deputy got in to do something. I said to him. You know this arrest is not right and wrong don't you.

He simply said to me. I'm not the arresting deputy. Plus what he arrested me for was not even a transportable offense. That corrupt sheriff could have just wriiten me a summons to appear in court.

But orient rd jail refused to book me. They let me go and supervisor had called my wife to come and get me before I'd even got to the jail.

They covered up the arrest from the news by not booking me. Because if they had booked me. It'd been in the news that Hillsborough County Firefighter interfered with home robbery.

News reporters would then have contacted me for a comment. Plus the neighbors had witnessed what happened. I had noterized affidavits from them. Also home security video.

Yet this corrupt deputy still would not drop case. Judge chewed his ass raw in court.

I absolutely have ZERO TRUST IN L.E.O.s because if you know a fellow officer did something wrong and say nothing. That makes you just as GUILTY AS THEM.

THE SO CALLED PEACE OFFICERS ARE CORRUPT AND HAVE TOO MUCH POWER. I SAY CORRUPT BECAUSE AGAIN.

IF YOU DO NOTHING ABOUT THINGS THESE CORRUPT POS COPS DO AGAINST INNOCENT AMERICANS. YOU JUST AS CORRUPT AS THEM.

THEY CAN DESTROY PEOPLES LIVES. PLUS THEY'VE GOTTEN AWAY WITH MURDER. CRIMES WE'D BE SENT TO PRISON FOR.

Plus all cops break the sames laws and get away with it. By just flashing their badges. That they cite others for while on duty. I know this for a fact. Seen it done. My brother is a deputy. Speeding no problem. You a deputy brother. Slow down some bye.
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