SCHOOL SHOOTING: "IN LOCO PARENTIS"

Posted by jimjamesjames 6 years, 10 months ago to Education
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The term in loco parentis, Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. 

Would seem to me that a school that assumes the right of 'in loco parentis" also assume the responsibilities of "in loco parentis" and, thus, is responsible for the safety of the child/ren. If they fail in that regard, to protect the child/ren, they are culpable and liable for damages.

I think the parents of all school shooting victims have standing to pursue remedies, individually or through a class-action lawsuit


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  • Posted by term2 6 years, 10 months ago
    If we close all the schools, there will be no school shootings also. If we eliminate all students, they cant be shot also. These are ideas just as stupid as eliminating guns. If I was so inclined, there are OTHER ways to cause harm to people. We are making so much fuss over 17 people, when it is NOT hard to kill 17 people before law enforcement gets anywhere near to stop it. Small chemical bombs set off in very crowded and confined places could easily kill more.

    The liberals should be HONEST and just say they want to disarm ALL citizens so THEY can be in control Thats the beginning and end of their arguments really.
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  • Posted by wiggys 6 years, 10 months ago
    The police officer who choose NOT to do what he swore to do as a part of his job should be questioned intensely to find out why he "stood down" when the shooter was active. There are to many aspects of this situation that smell like a dead fish.
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    • Posted by $ Radio_Randy 6 years, 10 months ago
      Going up against a rifle, with a handgun, takes a lot of cajones, in my mind. However, it HAS been done (in the recent case of the shooting of Rep. Steve Scalise).

      I can't fault this deputy for his choice of action (none of us knows how we would react, in a similar situation), but will say that he, obviously, was the wrong man for this particular job.

      It's most likely, since he was nearing retirement, that he thought this duty was going to be a cushy little assignment, while he finished out his time. I only hope that the next school to hire an "armed guard" confirms that person's willingness to "take a bullet" for those he is hired to protect.
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  • Posted by $ Stormi 6 years, 10 months ago
    Since e the shooters deceased adopted mom left an estate of $800,000, it seems they are ripe for civil suits from parents of deceased students. However, I am more interest in why this keeps happening. Why did a kid, with a mom with those resources, end up so messed up? How did he end up in the care of a woman who has been arrested for theft and fraud, who know wants to control the estate. She has committed the younger brother since the shooting to a mental institution, land filed to control the money. Now, with a set up like this, where were children's services, that a woman like that got those kids, and how bad was it that the shooter moved in with friends? How old was he when he started acting weird, and what saftey net of social services did he fall through. Was he on psychotropics? Was the CIA screwing with him online, with a goal of gun control? No child is born evil, so something went sadly wrong. Also, if a kid is blocked from guns, will he plant bombs, poison gas (ingredients available online), come with a sword, use a car to attack them as they wait for the doors to open? I don't believe an armed teacher is trained to handle all these scenarios. It takes someone with more training, more than that cop in Fl. had, who never went inside.
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  • Posted by LibertyBelle 6 years, 10 months ago
    I think gun-free zones should be gotten rid of. They are an invitation to thugs.--Also, having some of the teachers armed would be a good idea. In that respect I agree, for once, with President Trump.--One thing that incenses me about it is that many people use such incidents as an excuse to strip the American people of their means of self-defense.--And, understandable as it is for those student-survivors to be upset, it is not right that a bunch of hysterical children should determine national policy.--When a vicious murder occurs, the court does not put the murder victim's family members on the jury.
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  • Posted by evlwhtguy 6 years, 10 months ago
    Good luck with that....it is hard to sue city hall and the jury realizes that the cost will come back to them directly in taxes. They also all want to dump their kiddies on the schools because they need someone to babysit them. so they are less likely to find against the schools for the actions of a madman. It is far easier to demonize an evil corporation in court. No one cares that a madman did it. If he once worked for Exxon Mobil a jury could be more easily convinced that it is Exxon Mobil's fault. [I am exaggerating here for effect....but actually not much when you see some of the wacky courts decisions!
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  • Posted by mia767ca 6 years, 10 months ago
    100% correct...a massive financial judgment in the parents favor, along jail time for school officials would incentivize them to solve this problem they created by making schools "defenseless" zones...
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  • Posted by CircuitGuy 6 years, 10 months ago
    "thus, is responsible for the safety of the children"
    To me that means you would act as a reasonable parent would to keep the kids safe. If a room is on fire and the kid panics or doesn't realize the gravity of the situation, and adult should remove the child from the area.

    I do not think the law should require schools to protect kids against every freak peril. Even with good parents present, freak perils still hurt/kill children.

    Some people have this neurosis that if someone obsessively watches children and restricts their every movement, no harm can come to them. Sadly, it's not true.

    We used a Baptist church's summer camp last year. I disagree with most of the religious stuff they teach, but I love how they let kids play and don't obsess about safety: "If God decides it's time for you to come home, there's nothing you can do. It's all part of a greater plan we're not meant to understand in this life." We shouldn't have to believe in gods to find that equanimity.
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    • Posted by 6 years, 10 months ago
      A school could not be held responsible for the results of a freak peril (I like that term, thanks) such as earthquake, but everything that a parent could rationally be expected to protect kids from: attacks from outside the school as from outside the home.
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      • Posted by CircuitGuy 6 years, 10 months ago
        "attacks from outside the school as from outside the home"
        I'm thankful to those who are prepared for a shootout with a madman, but I can't see suing someone for not being prepared for it.

        Maybe there's a legal standard to deal with what's a foreseeable peril. It sort of reminds me of when I did a fundraiser walk event and one of the disclosures was something like, "by participating in this event I acknowledge that walking entails some risk, and I indemnify...." I thought that should go without saying.
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        • Posted by 6 years, 10 months ago
          Your point, "..., but I can't see suing someone for not being prepared for it." I can.

          If an entity assumes, via "in loco parentis" the responsibility for a child, they assume "being prepared," just as a parent would (try to) be prepared. I am prepared for a home invasion which would protect my kids; a school (after Columbine and on) must assume the responsibility to be prepared. School shootings are no longer "freak perils" or, in another term, "and act of God." They are real and to not prepare is to be willfully negligent, to be willfully negligent is to be liable.
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          • Posted by 6 years, 10 months ago
            Just read where the SRO in Florida stood outside the building for six minutes while the shooting was going on. "Being prepared" is one thing but having a resource that is chickenshit is another.
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            • Posted by CircuitGuy 6 years, 10 months ago
              "Just read where the SRO"
              I'm completely ignorant of the facts of recent case. I only vaguely knew the recent thing happened in FL, and that's b/c I saw a headline. I don't know if there was more than one victim, the motivation, or anything. My attitude is it's similar to how I don't want to know how many lives were destroyed in car accidents yesterday due to by violations of traffic rules, drugs, distracted driving, medical problems, and just plain freak bad luck. I know the number is dozens of vehicular deaths, but I don't want to know their stories and how their dreams were destroyed. I don't want to listen to people wring their hands about it.

              I would like to work on driving automation projects, just because I like the technology; and sure I'd like to reduce the perils of daily living. But I'll get on my bike at the end of the day and refuse to focus on the fact that all it takes is one diabetic driver who ate too little lunch or one person distracted by anger at his boss or wife, and I could be gone. I just don't dwell on it.

              If there's something to write my congressman to stop new things from becoming illegal, I would like to do it. I'm glad people stay on top of the news and send me action alerts.
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          • Posted by CircuitGuy 6 years, 10 months ago
            " They are real and to not prepare is to be willfully negligent, "
            Then there needs to be a standard the defines what's prepared. It could be any a number of these things:
            - Have someone one duty monitoring all unlocked doors.
            - Have at least one armed guard.
            - Have no unlocked doors.
            - Have a SOP for that everyone knows for an attack scenario.
            - Add metal detectors.
            - Remove any restrictions on law-abiding citizens carrying guns.

            We can come up with the perfect combination of those measures, and bad stuff will still happen somewhere. So there needs to be some standard of what's prepared enough.

            As a society, I think we're too prepared, too nervous about rare perils, so I'm cautious about the path of new standards and regulations defining what's prepared.
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  • Posted by CarrieAnneJD 6 years, 10 months ago
    Yes, you are correct. This is part of the reason private schools are legally liable for their negligence in protecting students from, say, sexual abuse being perpetrated by other students if/when the school knows about. However, because public schools are run by the government, sovereign immunity shields them from suit. You can't sue the government unless the government has consented to suit.

    Sovereign immunity stems from British roots; one could not go into the King's court's and claim the King had done something wrong. The doctrine was literally "the king can do no wrong" because the king defines what is right/lawful and what is wrong/unlawful. A wonderful concept to bring into the United States' system, but we did. And here we are.
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    • Posted by 6 years, 10 months ago
      BUT you can sue the INDIVIDUAL who, under color of law, violated YOUR civil rights (I'll not make that case here) https://www.law.cornell.edu/uscode/te...
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      • Posted by CarrieAnneJD 6 years, 10 months ago
        Sometimes. That's a difficult row to hoe. That exemption has been narrowed so much that it's very difficult to fit into -- though, admittedly, I don't practice in civil rights litigation, so I don't have the same familiarity with that strand of case law as I do with government immunity for actual physical harm suffered by individuals at government facilities, esp schools.
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        • Posted by 6 years, 10 months ago
          It's worth a shot. And I am familiar with 42-1983, working for the State of Wyoming, I noted that my agency --Family Services -- violated a child care facility's "due process" in shutting it down without a hearing. Told the owners to call lawyers until one could explain 42-1983, they got one, won a nice settlement, Might note, the agency director told my boss she questioned my loyalty, I sent her an email saying I questioned her integrity.
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          • Posted by CarrieAnneJD 6 years, 10 months ago
            The facts in the Parkland shooting are extreme. If there is any fact set that could get around sovereign immunity, I'd suspect it is this situation. The multi-level, multi-agency incompetence before the shooting AND the Broward deputies' refusal to enter the school to confront the shooter... it's sickening. They could not have been warned more in advance or more equipped at the scene to do something, and all government officials failed to act.

            I would LOVE to see a lawsuit re their incompetence (1) because any private entity who'd been as negligent would be sued off their asses, and (2) because they'd have to defend with "we have no duty to investigate or respond to crime." Also, they should sue for declaratory judgment and injunctive relief (declarations re legal duties and mandates to change habits of ignoring their job), not just monetary compensation for the individual plaintiffs.
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  • Posted by $ Thoritsu 6 years, 10 months ago
    This is just like the shooting in Palm Bay in 1987, when I was in college. One old man shot a bunch of people, and took hostages in a Kmart. People who were shot, but alive lay in the parking lot. The police of several towns wrung their hands, moaned and peed on the floor. Before, he got to Kmart, he shot two police officers. One in a car, the other emptied his revolver at the guy across the road, fumbled his speed loader, and was found sitting on the ground by the cruiser shot. Many hours later the guy was apprehended or surrendered. It was a pathetic demonstration of small town law enforcement cowardice, just like this.

    These same guys don’t act quite the same when collecting speeding ticket taxes or pestering high school kids.
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  • Posted by mrdenis 6 years, 10 months ago
    A report released Friday claims four of Broward County Sheriff Scott Israel’s deputies waited outside Marjory Stoneman Douglas High School while the attack was occurring.....Now CNN reports that the Coral Springs police officers claim three other Broward County deputies were outside the school but failed to go inside as well. They quote “Coral Springs sources” who said the three “deputies had their pistols drawn and were behind their vehicles” when Coral Springs officers arrived. They said “not one of [the deputies] had gone into the school.”
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