The Michigan Court of Appeals has upheld a previous dismissal made by Oakland County Circuit Court Judge Mary Ellen Brennan regarding civil lawsuits against the Oxford Community School district and its employees. These lawsuits stemmed from the tragic shooting at Oxford High School in November 2021. The court maintained that due to governmental immunity, the school district and its employees cannot be held accountable in these lawsuits.
The decision, which is seen as a blow to the victims' families seeking to hold the district and its employees responsible, rests on the assertion that only the shooter, Ethan Crumbley, can be viewed as the "proximate cause" of the shooting. As reported by The Detroit News, the court stated "it is simply outside the realm of possibility that a reasonable juror could conclude anyone but (the shooter) was 'the one most immediate, efficient, and direct cause, of the [plaintiffs’] injuries.'"
The arguments presented by the victims' families attorney Christopher Desmond did not convince the Court of Appeals to reassess the ruling. In an interview with The Oakland Press, Desmond expressed his readiness to take the matter to the Michigan Supreme Court. "Whoever lost at the court of appeals was surely going to be filing an application to that court and asking them to review this case," Desmond noted. The families he represents hope for a jury trial to weigh the evidence themselves.
The dismissal has once again brought to the forefront the debate concerning governmental immunity and its application in such cases. Meghan Gregory, the mother of one of the survivors, questioned the pertinence of such protections in this context, telling CBS News Detroit, "I do understand where a fireman is trying to get someone out of a fire and breaks their leg. They should be protected 100%. I agree with that type of protection for in those positions, but something like this makes no sense to me."
The appellate proceedings have been a focal point for the victims' families, who argue that the school district's alleged negligence and failure to foresee the shooter's actions contributed significantly to the calamity. Even the shooter, who met with a school counselor before the incident, attorneys Ven Johnson and Chris Desmond intend to take their grievances further, seeking to argue before the Michigan Supreme Court that the proximate cause of the tragedy involves more than just Crumbley's actions. They are set to submit a brief before November 1, with a decision on whether the court will hear the case anticipated by year's end, as described in The Oakland Press interview. The story will continue to unfold as the state's highest court weighs the push for accountability against the protections afforded by governmental immunity.
