Judge considers governmental immunity in Oxford HS shooting
PONTIAC, Mich. (CBS DETROIT) – Oxford Community Schools wants a judge to toss a lawsuit connected to the deadly shooting more than a year ago. Some of the victims' families listened to arguments Wednesday morning on whether the school district and some of its employees should be sued or not.
"There is enough pain in this matter to last several lifetimes," 6th Circuit Court Judge Mary Ellen Brennan said during
With that in mind, Judge Brennan is considering whether Oxford Community School and seven employees are protected under state law from any legal action stemming from the tragedy.
"It's established no oxford school knew of his intent, had no knowledge that he possessed a weapon. And there's no suggestion that he made a direct threat to harm anyone else," Timothy Mullins, one of the attorneys for the district, said.
Ethan Crumbley has pleaded guilty to killing four of his oxford high classmates and injuring seven.
"This conduct is not only foreseeable intentional, and premeditated, he admitted to planning it long beforehand," Mullins said
The district's lawyers argued governmental immunity that prohibits any government workers from getting sued applies in this case and that the district's employees did say something when they saw something, placing the blame squarely on James and Jennifer Crumbley.
"The parents know Ethan better than anyone, but certainly more so than counselors or teachers who've only known him for a short period of time or barely known him at all," Mullins said.
But Ven Johnson representing the victims' families, accuses the district of gross negligence a type of negligence is an exemption from any immunity.
"There has never been a full-blown equal protection analysis of the government tort liability act as a whole that we have found, nor has there been especially anything after 1986 with the amendments that resulted in gross negligence and the proximate cause," Johnson said.
Judge Brennan, who expressed her condolences to the victims' families at the end of the hearing, didn't make a ruling Wednesday; instead, she'll issue a written opinion at a later date.
"It's upsetting when you hear your own government arguing against you and saying that we want to hide behind a law, you will a technicality, and not be held, not even have your day in court," Johnson said.
Regardless of how the judge rules, it's likely that there will be an appeal in this case. The judge said that she'll issue an opinion sooner rather than later.