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School district not immune from liability in shooting incident

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Although a principal was responsible for formulating and implementing a security plan for her school, the level of discretion the principal had was not enough to give the school district immunity from liability following an in-school shooting.

Martinsville West Middle School students C.J. and B.K. filed lawsuits against the Metropolitan School District of Martinsville after they were injured during a school shooting by a former student, Michael Phelps. Even though he was prohibited from being on school property, Phelps was able to enter the building undetected by the teachers and shoot C.J. twice in the stomach. B.K. was hurt when shell casing hit his hand.

Both students and their mothers claimed the school failed to provide protection and sued the school district.

The school district filed a motion for summary judgment, arguing, in part, it was immune from liability under the Indiana Tort Claims Act. Specifically, the principal was a public employee acting in a discretionary manner which is protected under Indiana statute from liability claims.

 The Indiana Court of Appeals noted in Peavler v. Board of Commissioners of Monroe County, 528, N.E. 2d 40, 46 (Ind. 1988), the Indiana Supreme Court revisited the discretionary function exception but “was unambiguous” that it did not intend to give immunity to all decisions that involve judgment or discernment.

Subsequently, the Court of Appeals concluded that Peavler limits the immunity granted to the discretionary function to only those decisions which exercise political power and is held accountable only to the Constitution or the political process. Therefore, the school district was not immune because the principal’s development of a safety plan was not an exercise of political power.   

The Court of Appeals affirmed the denial of summary judgment in M.S.D. of Martinsville v. Rebecca Jackson, individually and as a parent and legal guardian of C.J., a Minor, and Kelli Dearth, individually and as a parent and legal guardian of B.K., a Minor, 55A01-1304-CT-182.

“As with most discretionary decisions, Principal (Suzie) Lipps may well have balanced factors and resource considerations in developing her plan, but that does not mean that this activity rises to the level of protected policy-making by the school board,” Judge Paul Mathias wrote for the court. “Under these facts and circumstances, the School District is not entitled to immunity under the discretionary function exception of the ITCA.”









 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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