“The claim arises from the actions of [shooter Nikolas] Cruz, a third party, and not a state actor,” she wrote in a ruling Dec. 12. “Thus, the critical question the Court analyzes is whether defendants had a constitutional duty to protect plaintiffs from the actions of Cruz.
“As previously stated, for such a duty to exist on the part of defendants, plaintiffs would have to be considered to be in custody” — for example, as prisoners or patients of a mental hospital, she wrote.
https://www.orlandosentinel.com/news/fl-ne-douglas-survivor-lawsuit-federal-judge-20181217-story.html?fbclid=IwAR2GfOJYSxqH4G97-auPgBy91J7aN803ix8rKzzubylH5JtwwQfOVQx6vic
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