Judge Won't Drop Suit Against Deputy in Parkland School Shooting

A judge has rejected a deputy's claim that he had no duty to confront the gunman during the school shooting in Parkland, Florida.

Refusing to dismiss a lawsuit filed by a parent of a victim, Broward Circuit Judge Patti Englander Henning found after a hearing Wednesday that ex-deputy Scot Peterson did have a duty to protect those inside school where 17 people died and 17 were wounded on Feb. 14. Video and other evidence shows Peterson, the only armed officer at the school, remained outside while shots rang out.

Peterson attorney Michael Piper said he understands that 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.

"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."  (Police One, December 12, 2018)
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Warren v. District of Columbia (1981) is an oft-quoted District of Columbia Court of Appeals case that held that the police do not owe a specific duty to provide police services to citizens based on the public duty doctrine.

The Supreme Court ruled in Castle Rock v. Gonzales (2005) that the police did not have a constitutional duty to protect a person from harm.

There are several similar cases that hold the same, the police have no duty to protect individual citizens from harm.

We may not like the fact that Deputy Peterson chose to standby and do nothing while 17 people were being killed in the high school he at, but court ruling seem to be on his side.

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