SCHOOL SHOOTING: "IN LOCO PARENTIS"
Posted by jimjamesjames 6 years, 10 months ago to Education
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
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
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.
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.
However, any class action lawsuits should be against those "personally" in charge and not recompensed with taxpayer money.
It's time Everyone be held accountable!
https://threadreaderapp.com/thread/96...
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.
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.
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.
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.
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.
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.
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.
These same guys don’t act quite the same when collecting speeding ticket taxes or pestering high school kids.