There are exceptions, Mr. Hutchinson said, as when a crossing guard who is specifically assigned to protect children traveling across a street allows a child to get run over while, say, the guard is being distracted by a smartphone. The crossing guard is in a “special relationship” with the children, in legal eyes.
When an officer has a “special relationship” with people, or acts to “enhance the risk” of harm, the officer can be liable for any resulting injury under state negligence laws, Mr. Hutchinson said.
This is likely how Judge Henning found that Mr. Peterson did have a duty to protect those inside the school and refused to dismiss the negligence lawsuit filed by Andrew Pollack, whose daughter Meadow was killed.
The county lawsuit argued that Mr. Peterson had a “special relationship” with students and staff members at the school because he was specifically assigned to offer them protection.
Video footage and other evidence shows Mr. Peterson, the only armed officer at the school, staying outside while shots could be heard exploding from inside the school. Mr. Peterson also launched a “code red” to put the entire school on lockdown.
“They also argued that he enhanced the risk of death, or injury, by Mr. Cruz by negligently ordering a lockdown, which prevented escape from the building,” Mr. Hutchinson said. “Either of these assertions could support liability for Peterson. But I would not be surprised if the state case was reversed on appeal. It is very difficult to establish liability in this area of law.”
The federal decision is expected to be appealed.
A state commission that has been investigating the attack found last week that there was
a multitude of failures on the part of the school and law enforcement officials in the response to the shooting.
At least eight sheriff’s deputies who raced to the school and heard gunshots stayed outside the building, the commission wrote in a 400-page draft report, and officers lost even more time scrambling to retrieve bulletproof vests from their cars.
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