Schools not obligated legally to protect students from each other, appeals court rules


By Brian Bowling

Published: Wednesday, June 5, 2013, 6:12 p.m.
Updated 21 hours ago

Public schools don't have a “special relationship” with students that would make them legally obligated to protect students from each other, a federal appeals court ruled Wednesday in a 10-4 decision upholding a ruling in a Beaver County case.

Bradley and Diedre Morrow of West Mayfield sued the Blackhawk School District in 2010 after the district refused to expel a student who repeatedly attacked one of their daughters, even after the attacker was twice adjudicated delinquent because of the assaults.

In a precedential ruling, a 10-judge majority of the 3rd U.S. Circuit Court of Appeals confirmed the March 2011 ruling by U.S. Magistrate Judge Lisa Pupo Lenihan that schools don't have the same control over students that the government has over inmates and people involuntarily committed for mental health reasons, so it doesn't have the same constitutional duty to protect students from harm.

A four-judge minority disagreed, saying that compulsory school attendance and school regulations temporarily place students in the state's custody and therefore deserving of its protection.

(Snip)

http://triblive.com/news/adminpage/41462...ts-judge-ruling

Quote: Justme wrote in post #2

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We are going to hell in a hand basket

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Why is anybody surprised about this? The Supreme Court ruled a couple of decades ago that they police have no obligation to protect you from crime.

I can't remember all the details at this late date,but the court case involved a woman who made a 9-11 call to report somebody was trying to break into her house. The dispatcher told her to stay in her room with the door locked and that the police were on the way.

And the police were notified immediately by the dispatcher. They decided to finish their lunch first,though. By the time they got there she had already been beaten and raped,and the rapist had disappeared.

That was about the time the police started taking "to serve and protect" off the sides of their cars because it was an implied obligation they could be held liable for.

Quote: Justme wrote in post #5

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Wow, sneakypete that is some version of the stroy, lol. Due to cutbacks in her county and the very low taxes they enjoyed there were no officers to sent. The State police were not local

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@Justme

Quote: sneakypete wrote in post #6

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Quote: Justme wrote in post #5

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Wow, sneakypete that is some version of the stroy, lol. Due to cutbacks in her county and the very low taxes they enjoyed there were no officers to sent. The State police were not local

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We must be talking about two different cases because the one I remember was a woman in a big city,and the basis of the suit it that the cops were notified in time to have prevented her rape if they had gone ahead and gone to her house,but they didn't.

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I think the government should get thrown out of the schools, and put God back in it. We never had these problems until God was permanently expelled from schools by the Government.