‘Sheltering’ Parkland School Cop Not the ‘Only One’ with No Duty to Protect
“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,” the Sun-Sentinel reported Saturday. “Peterson took shelter rather than confront the killer, but he did not act with malice or bad faith … Therefore he can’t be held legally responsible for the deaths, they say in court documents.”
Morally, they’re wrong. Legally, they’re right.
“Anti-gun lobbyists get away with proposing to completely disarm the citizens only because most citizens just assume the police will protect them. That assumption is false,” the summary for “Dial 911 and Die” by attorney Richard W. Stevens notes. “The police cannot protect everyone — in fact the police usually have no legal duty to protect anyone.”
This is not news. The book has been around 1999. Stevens proved his claims by citing relevant statutes and precedents.
“For nearly every American state and territory, this book shows how the police owe no legal duty to protect individuals from crime,” the synopsis continues. The police in most places do not even have to come when you call.”
SCOTUS weighed in on the issue back in 2005.
“The Supreme Court ruled on Monday that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.”
So much for those who would prohibit their countrymen from keeping and bearing arms. So much for those who claim the police will protect you. So much for those who disparage self-defense as vigilantism.
It’s doubtful Scot Peterson will need to do much more to get the court to reject the lawsuit. I’m not a lawyer, but I wouldn’t be surprised if he’s free of it soon, unless he chooses to go after the father of the boy he refused to try and save for attorney fees and court costs.
Look for him to continue collecting his $8,700+/month pension with medical coverage courtesy of taxpayers who probably aren’t aware that “To serve and protect” is slogan, not an obligation.
Living with himself is another matter…
If you believe in the mission of Oath Keepers, to defend the Constitution against all enemies, foreign and domestic, please make a donation to support our work. You can donate HERE.
David Codrea’s opinions are his own. See “Who speaks for Oath Keepers?”