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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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