Judge won't dismiss suit against ex-deputy in Fla. school shooting

FORT LAUDERDALE, Fla. -- A judge has rejected a deputy's claim he had no duty to confront the gunman during the school shooting in Parkland, Florida.

Refusing to dismiss a lawsuit filed by the parent of a victim, Broward Circuit Judge Patti Englander Henning found after a hearing Wednesday ex-deputy Scot Peterson did have a duty to protect those inside the school where 17 people died and 17 were wounded on Feb. 14. Video and other evidence shows Peterson, the only armed officer at the school, remained outside while shots rang out.

The negligence lawsuit was filed by Andrew Pollack, whose daughter Meadow was killed. He said it made no sense for Peterson's attorneys to argue a sworn law enforcement officer with a badge and a gun had no requirement to go inside.

"Then what is he doing there?" Pollack said after the ruling. "He had a duty. I'm not going to let this go. My daughter, her death is not going to be in vain."

Peterson attorney Michael Piper said he understands people might be offended or outraged at his client's defense, but he argued as a matter of law, the deputy had no duty to confront the shooter. Peterson did not attend the hearing.

The Marjory Stoneman Douglas High School Public Safety Commission, which is investigating the shooting, heavily criticized the Broward school district Wednesday for not having a universal policy for calling a "Code Red" -- the term for locking down classrooms because an active shooter is on campus -- and little training for staff and students.

Commission members meeting in Tallahassee said the failure contributed to no one calling a Code Red until more than three minutes after the first shots were fired. By that time, 15 people were fatally shot inside the three-story freshman building and the last two victims were in the shooter's sights. Nikolas Cruz, 20, a former student with mental health issues, has been charged with the shooting.