SavannahMann
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- Nov 16, 2016
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The inevitable after affect of any event is of course, the litigation. Lawsuits filed against anyone with money are the norm. In this case, the lawsuits are worse than useless. The reason? The people being sued are actually not liable.
Two Parkland shooting survivors announce intent to sue sheriff's office, school system
The lawsuits are arguing that the police failed to act to protect the students at the school. The school failed to take adequate protections to insure the safety of the students. But here is where case law comes in. I know, why didn’t I post this in the law and Justice category? Well, you’ll see, have a little patience friends.
First, the defense of the Sheriff’s Department is actually confirmed in two separate Supreme Court Decisions. The police do not have a Constitutional Duty to protect anyone. It’s true.
Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone
So the lawsuit against the Broward County Sheriff’s Department is going to have to be dismissed. The law is clear, and it will take the County Attorney about an hour including time to get a cup of coffee to write up the motion to dismiss. So the Broward County Sheriff’s are off the hook, leaving the School alone in defending against the lawsuit. But what is the School’s defense? Well, they worked with the Sherriff’s Department to put a cop on the campus, including providing a residence on the school grounds for the Deputy. What more could be reasonably expected of the school? How was the School to know that after years of expense, when the cop was needed, he would have hidden behind the first cover he could find? The School will argue that they are not responsible because they expected the law enforcement experts to do the job.
I know, you still aren’t seeing why this is in Politics, instead of Law and Justice. Well, if the police have no Constitutional Duty to protect, and the motto to Protect and Serve is merely propaganda, and people who arrange for, and pay for Police presence have done all that can be expected, the question is, who is responsible for protecting me, and thee?
Look in the Mirror. You are the only one responsible for protecting yourself. Women take self defense classes in the hopes that they will be able to protect themselves against an attacker. People buy pepper spray, stun guns, rape alarms, whistles, and even (here is why I have put it in Politics) guns to protect themselves and their families.
But what is the answer that is always presented as the best solution? Removing one of the most effective tools for protection from the list of available options. I have never made any effort to hide the fact that I do not trust the Police. I shouldn’t, and either should you. Trusting the cops means you are expecting them to charge in at the last second and save you. They might, but they have no legal expectation to do so. So you are left with the individual character of the cop. The first four at the High School did not break the law by hiding outside while children were dying.
We hear a lot about this crisis, or that crisis that requires us to ban whatever we are weeping about now. But is it a crisis? Ive read of people who committed suicide because of the opioid crisis meant they could not get pain relief. They just couldn’t take the pain anymore. The modern answer, ban the opioids, or ban the pain. Good luck.
Our Forefathers who fought and created this nation wanted to insure that the very best of all possible tools was always available. At the time the Constitution was written, private citizens could buy anything. So the idea that Thomas Jefferson or John Adams would have never supported the Second Amendment if they realized that one day rifles or pistols could shoot so fast or so often is ludicrous. Private Citizens formed the bulk of our Navy during the first couple wars. They used Letters of Marque, and funded the ship, the cannon, and the crews. Those raiders would search out and seize ships flying under the enemy flag to sink or take them as prizes. Pirates with a get out of jail free card if you will.
Teddy Roosevelt’s charge up San Juan Hill was supported by Machine Guns donated by a private citizen who paid for them out of his pocket to help the troops. So a century later the mentality hadn’t changed.
Do you want to know who is responsible for so many children dying in the school? You are. Those of you who just can’t stand the idea of guns in private hands, and create gun free zones imagining that the absence of the best tool for self protection will somehow eliminate violence. It hasn’t so far, but perhaps it will work, if we keep spreading the areas where tools are not allowed.
Of course, for that to work, we have to hold the police responsible for protecting us, and not just leave it up to the whims of the individual officers. And that will never happen.
Two Parkland shooting survivors announce intent to sue sheriff's office, school system
The lawsuits are arguing that the police failed to act to protect the students at the school. The school failed to take adequate protections to insure the safety of the students. But here is where case law comes in. I know, why didn’t I post this in the law and Justice category? Well, you’ll see, have a little patience friends.
First, the defense of the Sheriff’s Department is actually confirmed in two separate Supreme Court Decisions. The police do not have a Constitutional Duty to protect anyone. It’s true.
Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone
So the lawsuit against the Broward County Sheriff’s Department is going to have to be dismissed. The law is clear, and it will take the County Attorney about an hour including time to get a cup of coffee to write up the motion to dismiss. So the Broward County Sheriff’s are off the hook, leaving the School alone in defending against the lawsuit. But what is the School’s defense? Well, they worked with the Sherriff’s Department to put a cop on the campus, including providing a residence on the school grounds for the Deputy. What more could be reasonably expected of the school? How was the School to know that after years of expense, when the cop was needed, he would have hidden behind the first cover he could find? The School will argue that they are not responsible because they expected the law enforcement experts to do the job.
I know, you still aren’t seeing why this is in Politics, instead of Law and Justice. Well, if the police have no Constitutional Duty to protect, and the motto to Protect and Serve is merely propaganda, and people who arrange for, and pay for Police presence have done all that can be expected, the question is, who is responsible for protecting me, and thee?
Look in the Mirror. You are the only one responsible for protecting yourself. Women take self defense classes in the hopes that they will be able to protect themselves against an attacker. People buy pepper spray, stun guns, rape alarms, whistles, and even (here is why I have put it in Politics) guns to protect themselves and their families.
But what is the answer that is always presented as the best solution? Removing one of the most effective tools for protection from the list of available options. I have never made any effort to hide the fact that I do not trust the Police. I shouldn’t, and either should you. Trusting the cops means you are expecting them to charge in at the last second and save you. They might, but they have no legal expectation to do so. So you are left with the individual character of the cop. The first four at the High School did not break the law by hiding outside while children were dying.
We hear a lot about this crisis, or that crisis that requires us to ban whatever we are weeping about now. But is it a crisis? Ive read of people who committed suicide because of the opioid crisis meant they could not get pain relief. They just couldn’t take the pain anymore. The modern answer, ban the opioids, or ban the pain. Good luck.
Our Forefathers who fought and created this nation wanted to insure that the very best of all possible tools was always available. At the time the Constitution was written, private citizens could buy anything. So the idea that Thomas Jefferson or John Adams would have never supported the Second Amendment if they realized that one day rifles or pistols could shoot so fast or so often is ludicrous. Private Citizens formed the bulk of our Navy during the first couple wars. They used Letters of Marque, and funded the ship, the cannon, and the crews. Those raiders would search out and seize ships flying under the enemy flag to sink or take them as prizes. Pirates with a get out of jail free card if you will.
Teddy Roosevelt’s charge up San Juan Hill was supported by Machine Guns donated by a private citizen who paid for them out of his pocket to help the troops. So a century later the mentality hadn’t changed.
Do you want to know who is responsible for so many children dying in the school? You are. Those of you who just can’t stand the idea of guns in private hands, and create gun free zones imagining that the absence of the best tool for self protection will somehow eliminate violence. It hasn’t so far, but perhaps it will work, if we keep spreading the areas where tools are not allowed.
Of course, for that to work, we have to hold the police responsible for protecting us, and not just leave it up to the whims of the individual officers. And that will never happen.
