By Rafael Olmeda
South Florida Sun-Sentinel
BROWARD, Fla. — The Broward Sheriff’s Office will have to answer to a jury for the conduct of its deputies during the February 2018 mass shooting at Marjory Stoneman Douglas High School, an appeals court has ruled.
The decision by the Fourth District Court of Appeal is the last major obstacle that was in the way of starting the last remaining legal action stemming from the tragedy, in which 17 students and faculty were killed, 17 more were injured, and hundreds more traumatized.
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Broward Chief Administrative Judge Carol-Lisa Phillips, who is overseeing the victims and survivors’ lawsuit against the Broward Sheriff’s Office, had set a March court date to start the trial, anticipating that the appeals court ruling would be issued in time.
Last year, Phillips denied a BSO motion to rule in the agency’s favor because BSO enjoys sovereign immunity from legal action. But the appeals court ruled that the immunity applies to policies and procedures, not to negligence or misconduct in the handling of emergencies.
Gunman Nikolas Cruz entered one of the buildings at the school on Feb. 14, 2018, firing his AR-15 style rifle at unsuspecting students just as the school day was nearing its end. Outside the building where this was taking place, school resource officer Scott Peterson, a BSO deputy, raced to the scene but stayed outside, failing to confront the shooter.
Peterson told investigators he took cover outside a nearby building because he could not tell where the shots were coming from. He was found not guilty of child neglect after a 2023 trial, but he is one of the defendants in the civil case brought by more than 50 plaintiffs.
Plaintiffs’ lawyer David Brill said BSO should accept accountability the same way the Broward school district and the FBI did — by reaching a settlement with the people who lost their loved ones and suffered mental health trauma.
“I am certain they are stalling,” Brill said. Under the law, the Sheriff’s Office can be held liable only for $300,000 unless the state Legislature authorizes an additional payout through what’s called a “claims bill.” Passage of such a bill becomes less likely every year, Brill said.
“The longer it takes, the less likely anyone will be interested in passing a claims bill against BSO,” he said.
The Sheriff’s Office routinely does not comment on pending civil litigation and has not issued a statement about the appeals court ruling.
Cruz, now 27, is serving 34 consecutive life sentences after pleading guilty to the murders and attempted murders.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457.
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