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HomeBest HostingAs Uvalde's parents see, the appeal against the police may be limited

As Uvalde’s parents see, the appeal against the police may be limited

Uvalde shooting Bloomberg

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Texas police accused of wrongful response to mass shooting at school in Uvalde, killing 19 children and two teachers granted to government entities.

The response of law enforcement is under intense scrutiny. According to the timeline provided by Steven McCraw, director of the Texas Department of Public Safety, 19 officers stayed in school for nearly an hour before police entered the classroom where the gunman was and killed him. Students called 911 for help while the shooter was still active.

“I certainly think the police activity, or the inactivity, was awful, but I don’t think there’s a way to prosecute police officers,” David Crump, a law professor at the University of Houston, said in an interview with Frida. .

According to the Doctrine of Sovereign Immunity, a government is not accountable to its citizens for their injuries. The Texas Torts Claims Act grants permission to sue in certain limited circumstances, but according to the legal experts interviewed, these would not apply to Uvalde school shootings.

“The police were doing what the police were doing,” Dick DeGuerin, a Houston criminal lawyer, said in an interview. “It simply came to our notice then. But it must be more than negligence, it must be the fault of the police ”for the civil liability to remain in court.

Dan Cogdell, another Houston criminal lawyer, agreed with DeGuerin.

“Unless the Uvalde police chief has a written policy that says, ‘Wait an hour before you come in and save your children,’ parents will not win in a death penalty,” Cogdell said.

Neither the Uvalde police nor McCraw responded to requests for comment made after the regular working hours.

Cities have solved cases in which individual police officers have been charged with wrongdoing. Minneapolis paid $ 27 million to settle a civil lawsuit filed by George Floyd’s family, who suffocated to death when an officer knelt on his neck. Floyd’s assassination fueled national protests across the Black Lives Matter.

According to the Washington Post, more than $ 3.2 billion has been spent over the past decade resolving police misconduct complaints at 25 of the country’s largest police and sheriff’s departments.

“Civil rights law requires almost intentional deprivation of civil rights, which I think is unlikely because of police inaction,” Uvalde said.

There, the commander of the incident, the school district police chief, decided not to attempt to enter the classroom where the shooter was barricaded because no child was believed to be in danger at the time, McCraw said in a statement. Press conference. Friday.

The incident commander then decided to wait for several tactical officers to arrive before attempting to enter the room to confront the gunman. Officers entered after receiving a key from the doorman, he said.

“Clearly, there were children in the room, clearly they were in danger,” McCraw said. “It was a bad decision.”

Texas DPS’s announcement of local police mistakes is likely to hold them accountable, DeGuerin said. But that is to be expected, he added.

“Everyone points their fingers away from themselves, trying to blame anyone and everyone except culture,” he said, referring to the culture of weapons. “That’s the fault.”

Cogdell said there are currently no state or federal laws that hold local police officers, other first responders or local government officials in a state of mass shooting.

“It simply came to our notice then. The Texas legislature or Congress will have to get involved, “and create death penalty statutes to address these situations,” he said. “They won’t be able to write about it just because we’re looking at a nicer situation here.”

Photo: A resident hugs a sheriff after a vigil for the victims of the attack at Robb Elementary School in Uvalde, Texas, on Wednesday, May 25th. President Joe Biden has mourned the killing of at least 19 children and two teachers in a mass shooting at a Texas elementary school on Tuesday, condemning his death as meaningless and demanding action to try to stop the violence.

Copyright 2022 Bloomberg.

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