In a decision that inches the case closer to a courtroom showdown, Circuit Judge Carol-Lisa Phillips ruled that the lawsuit against ex-Broward County Deputy Scot Peterson for his inaction during the 2018 Parkland school shooting will head to trial. According to a report by WSVN, Phillips stated that a jury should determine whether Peterson's conduct amounted to a "wanton and willful disregard" for the safety of students and teachers when he did not confront the shooter, Nikolas Cruz, during the six-minute massacre at Marjory Stoneman Douglas High School.
The lawsuit, brought by families of the 17 victims and survivors, challenges Peterson's response—or lack thereof—as he remained outside the building while the attack unfolded inside. Despite Peterson's claim that he was unsure of where the shots were coming from, and his previous acquittal on criminal charges related to the incident, the burden of proof in a civil trial is lower. The families argue that Peterson, who was armed and on duty, should have intervened to stop the gunman, a sentiment echoed by David Brill, a lead attorney for the plaintiffs.
"A reasonable trier of fact could find that the deputy's failure to confront the shooter, and failure to take any action to fulfill his alleged duty of protecting the students and teachers, while choosing to remain outside in a protected location to ensure his own safety constituted a conscious and indifference to consequences" to those inside, Judge Phillips wrote in her ruling, as reported by CBS News Miami. This decision comes despite arguments from Peterson's attorney, Michael Piper, who maintained in court that there is no legal obligation for police officers to confront active shooters or protect others from third-party harm.
"Her Honor read all of the filings that the parties submitted, gave the parties all of the time that they needed for argument and was extraordinarily attentive throughout, and applied the law to the evidence of Peterson's willful and wanton disregard for the lives of the students and staff at (Stoneman Douglas) – evidence which was, frankly, compelling," Brill told WSVN. On the other side of the legal battle, Peterson's lawyers have yet to respond publicly to the latest ruling.
The suit's progression to trial comes after the families and survivors have previously settled with both the FBI, which failed to investigate a warning about Cruz, and the Broward school district, totaling $153 million in compensation. Peterson, who worked in school law enforcement for nearly three decades, lost his job in the wake of the shooting and faces the dubious distinction of being the first U.S. police officer charged criminally for failing to act during a school rampage. Amidst the legal tug-of-war, Cruz is serving a life sentence after a jury could not unanimously agree on the death penalty.
