I had to go look better at the case. I don't think he can since this is a criminal trial and I think QI is a defense in civil trials only.puma guy wrote: ↑Mon Jun 12, 2023 2:21 pmWhat do you think the chances are that he will plead qualified immunity?srothstein wrote: ↑Sun Jun 11, 2023 9:28 pmThat case can be a little more nuanced than it looks. The general rule is that police are there to protect society in general and have no obligation to protect specific individuals. But the exception to that rule is that police may have an obligation to protect specific people if there is a special relationship created obligating them to do so. The classic example of this, and the one taught in most police academies (to my knowledge) is when a cop makes a domestic disturbance and forces the aggressor to leave. If the cop says something to the victim like "If he comes back, call us and I will arrest him", then he has created a special relationship and an obligation to protect that specific person from the other person.
It can be argued that employment in a specialized police department such as a school PD, also by its very nature creates a special relationship for that department or the people assigned to the school to protect the students and faculty/staff while they are on campus. I am guessing that in this specific trial, Best (the city cop responding) had no special relationship or obligation (and went in anyway) while Peterson, as a campus officer, will be found to have had the special relationship and failed to meet the obligation. I am hoping the prosecutor knows enough to clarify and make the relationship explicitly part of the questions for the jury (and I assume since I know it, the lawyers should also).
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Return to “FL: Active shooter at high school in South Florida”
- Mon Jun 12, 2023 7:35 pm
- Forum: The Crime Blotter
- Topic: FL: Active shooter at high school in South Florida
- Replies: 368
- Views: 154126
Re: FL: Active shooter at high school in South Florida
- Sun Jun 11, 2023 9:28 pm
- Forum: The Crime Blotter
- Topic: FL: Active shooter at high school in South Florida
- Replies: 368
- Views: 154126
Re: FL: Active shooter at high school in South Florida
That case can be a little more nuanced than it looks. The general rule is that police are there to protect society in general and have no obligation to protect specific individuals. But the exception to that rule is that police may have an obligation to protect specific people if there is a special relationship created obligating them to do so. The classic example of this, and the one taught in most police academies (to my knowledge) is when a cop makes a domestic disturbance and forces the aggressor to leave. If the cop says something to the victim like "If he comes back, call us and I will arrest him", then he has created a special relationship and an obligation to protect that specific person from the other person.
It can be argued that employment in a specialized police department such as a school PD, also by its very nature creates a special relationship for that department or the people assigned to the school to protect the students and faculty/staff while they are on campus. I am guessing that in this specific trial, Best (the city cop responding) had no special relationship or obligation (and went in anyway) while Peterson, as a campus officer, will be found to have had the special relationship and failed to meet the obligation. I am hoping the prosecutor knows enough to clarify and make the relationship explicitly part of the questions for the jury (and I assume since I know it, the lawyers should also).