FORT LAUDERDALE, Fla. — Many have called him a coward, but former sheriff’s deputy Scot Peterson had no legal duty to stop the slaughter at Marjory Stoneman Douglas High School, his attorneys say.
Peterson took shelter rather than confront the killer, but he did not act with malice or bad faith, according to his attorneys, Michael Piper and Christopher Stearns of Fort Lauderdale. Therefore he can’t be held legally responsible for the deaths, they say in court documents.
Allegations against Peterson suggest only that he “opted for self-preservation over heroics,” the attorneys wrote.
…
A Florida statute gives immunity to officers for injury suffered as a result of what they do while on the job unless they acted in bad faith or exhibited “wanton and willful disregard of human rights, safety, or property, ” the attorneys say.

Lawyers: Parkland deputy wasn’t legally required to stop

I went looking for the particular statute and other than one offering immunity for false imprisonment, I can’t find anything like the lawyers quote.

Another source uses words that are more familiar to us:

The motion claims, “No duty of care exists at common law for an individual to address the killer and kill the killer.”

Scot Peterson’s Attorneys Say He Had No Duty To Stop Parkland School Shooting 

Finally I was able to find Scot Peterson’s Motion to Dismiss and it gave me the proper statute: 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.

(9)(a) No officer, employee, or agent of the state or of any of its subdivisions shall be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

This is obviously legally important, but something else is in the Motion to Dismiss and that is quotes of cases siding with the Defendant. I think I heard it from Andrew Branca about the importance of jurisprudence on  case and this motion is full of that, well over a dozen court cases in Florida that are quoted in favor of the defendant.

 Also on the article, we find this quote from Peterson’s lawyer

“Passion and emotion of any kind, whether it’s sympathy or anger or desire for catharsis, whatever it is, has no place in a legal analysis if someone is responsible for damages,” Piper said in an interview.

That is referred to the language used in the lawsuit against Peterson and others. Here are some screen captures :

I am not a lawyer and only read a few lawsuits and court papers compared to one, but I think that is pretty incendiary name-calling that fits better social media rather than court documents.  I support the sentiment wholly, but I think it is not the proper location to display it and it could sabotage the case even more. I cannot see why lawyers would use that language unless they were forced by their client.

On that last thought, I don’t think Mr. Pollack is expecting to win, but he is enraged enough to just drag Peterson’s name through the mud and have a legal record of doing so. Again from the article:

“I really feel that we exposed him to everyone in the country, and we are going to keep exposing him,” Pollack said. “He hasn’t seen the last of (my lawyer) and myself.”

No doubt that Peterson is scum (OK, lower than), but I am afraid that Mr. Pollack is gonna end up ruining his life because of him. Anger must be properly targeted and used in a meaningful way. I would not be surprised if in the future we hear that Peterson was seriously injured or killed by Andrew Pollack, specially if the lawsuit is thrown out.

Commenting negatively on old Broward County charging $500 in the early 80s for a concealed weapons permit, one guy actually retorted that my definition of rich being that amount requires for me to find a new career. I responded inquiring if we could charge $500 for a voter registration card and if he thought we would hear any complain about being unfair to minorities and the poor.

Still waiting for his reply.

I just started helping with some research for Clayton Cramer when I found this article in a newspaper from 1919.

I guess some Cities do maintain and even improve their traditions. According to HeyJackass, as of this morning, the City of Chicago has had 191 murders so far in 2018.

The Latino Assault Weapon not only available in the flag of your favorite team without background checks or registration but also BOGO at your local Big Chain Shoe Place.

“I would never have thought I’d see the LGBTI community siding with incredibly conservative, right-wing, pro-gun advocates that have been publicly homophobic and transphobic — that didn’t make any sense,” Abboud explained.
But after meeting some of the gun club’s members, Abboud said, there was a real fear that had only been stoked by the country’s rabid political landscape.

Gay Americans are arming themselves to stay alive

There as never a real dichotomy. There was (and still exist) a mountain-full of bullshit associated with Second Amendment Activism and its alleged hate for Gays. Pulse was a wake up call for many Gays who came to realize that nobody is there to protect them when the harm comes and even the sad realizations that they would be abandoned and bleed to death by the authorities.

The massacre in Orlando pushed some to actually look for not just buy a gun but to train with it for Self-Defense. Surprisingly, heir side came down hard on them for wanting to exercise the most basic of rights and it was only when they dared to seek help with the Evil “White & Racist” gun owners that they encountered a word they were not expecting: Welcome.

They encountered people of all colors, religions and even (gasp) sexual orientations that not only guided them in the basic of firearms but encouraged them to become responsible gun owners. And even for those who were a bit afraid of interacting  with any stranger at the range, Operation Blazing Sword a network of nationwide instructors created by a bonafide member of the LGBTQ community for the LGBTQ community.

At the end, the decision is rather simple: Do you side with those who want you unarmed and ready for victimization? or, Do you become responsible for your own safety?

So here I am trying to write a nice post about Gwen Graham when J. Kb. beats me to it.

Gwen Graham’s pedigree runs deeply anti-gun. Her father is former Governor and Senator Bob Graham who in 1985 vetoed Florida’s Concealed Weapons Law. It was not till he departed office and a new governor was in that the law that would shake America’s self Defense and Second Amendment landscape became law.

She is a purely political animal, raised in the halls of power in Tallahassee and worked for Howard (The Scream) Dean and John (Ugly Jane Fonda) Kerry. So, she would very much likely try to pull the Declaration of Emergency stunt, but other than a heart laugh and sinking the state of Florida in a slew of lawsuits and petitions for the application of  Section 17 of the Florida Constitution, she would not accomplish much.

But at least she can move forward knowing that she has David Hogg’s seal of approval.