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“Plaintiffs suggest that the essential nature of a public school’s role and control over its students requires that schools provide protection and safety for their students,” Bloom wrote. “However, the suggestion that school attendance equates to the level of custody implicating a constitutional obligation to protect has been expressly rejected by the Eleventh Circuit.”
Kristoffer R. Budhram of Jacksonville, who represented the students, said in an emailed statement to the Sentinel: “We respectfully disagree with Judge Bloom’s decision to dismiss our clients’ case. This case is about protecting the Constitutional rights of individuals who were the victims of one of the worst mass shootings in this country’s history.”
He added, “We are exploring all of our options for ensuring that they get their day in court, including appealing Judge Bloom’s decision.”
injured another 17 in February. The lawsuit claimed the school district and the Broward Sheriff’s Office, along with former school resource officer Scot Peterson and school campus monitor Andrew Medina and former BSO Captain Jan Jordan failed through action or inaction to protect the students while at school.
“The claim arises from the actions of [shooter Nikolas] Cruz, a third party, and not a state actor,” Bloom wrote. “Thus, the critical question the Court analyzes is whether defendants had a constitutional duty to protect plaintiffs from the actions of Cruz.”
For the most comprehensive local coverage, subscribe today.
#ReadLocal
“Plaintiffs suggest that the essential nature of a public school’s role and control over its students requires that schools provide protection and safety for their students,” Bloom wrote. “However, the suggestion that school attendance equates to the level of custody implicating a constitutional obligation to protect has been expressly rejected by the Eleventh Circuit.”
Kristoffer R. Budhram of Jacksonville, who represented the students, said in an emailed statement to the Sentinel: “We respectfully disagree with Judge Bloom’s decision to dismiss our clients’ case. This case is about protecting the Constitutional rights of individuals who were the victims of one of the worst mass shootings in this country’s history.”
He added, “We are exploring all of our options for ensuring that they get their day in court, including appealing Judge Bloom’s decision.”
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ArabicParkland shooter Nikolas Cruz faces new charges for allegedly attacking a jail officer and taking his stun gun
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![Nikolas Cruz, who could face the death penalty if convicted of murdering 17 people at Marjory Stoneman Douglas High School in Parkland on ValentineÕs Day, appears in court in front of Broward Circuit Judge Elizabeth Scherer Wednesday for a hearing that may decide who will represent him in a bid to spare his life Wednesday, April 11, 2018, in Broward Courthouse in Fort Lauderdale, FL.
Cruz, 19, is now represented by the Broward Public DefenderÕs Office, which is funded by taxpayers to handle clients who cannot afford to hire their own lawyers.
Defense, left to right: Melisa McNeill, Erin Veit, Diane Cuddihy
Behind you on the aisle, Zachary Cruz. Next to him, Rocxanne Deschamps. [cq]
Taimy Alvarez/Sun Sentinel/POOL](http://cdn.cnn.com/cnnnext/dam/assets/180411150909-02-nikolas-cruz-hearing-0411-small-169.jpg)
(CNN)Marjory Stoneman Douglas school shooter Nikolas Cruz allegedly tackled and repeatedly punched a jail guard, then took his stun gun Tuesday in a fight, an arrest report shows.
Cruz, 20, who is awaiting trial on charges related to the February mass shooting in Parkland, Florida, now faces additional charges of assault, battery and use of an electric weapon on the guard, the report states.
The incident began when Sgt. Raymond Beltran with the Broward County Sheriff's Office main jail requested that Cruz not drag his sandals on the ground while walking around the dayroom area, the report states.
In response, Cruz flipped his middle finger, then rushed Beltran and struck him in the face, the report states. Cruz took the officer to the ground and struck the top of his head with fists, the report states, citing video surveillance of the incident.
Cruz then took Beltran's stun gun -- dubbed a "conductive electronic weapon" -- from him, and as they wrestled over the device, the weapon discharged, the report states. Cruz struck the sergeant several more times until the guard regained control of the weapon and struck at Cruz's face, the report states.
Cruz then retreated to a seat, and Beltran took him into custody, according to the arrest report.
Cruz already could face the death penalty
Cruz has been in jail since he killed 17 students and teachers during the shooting at his former school. Cruz confessed to being the gunman and carrying out one of the deadliest mass shootings in recent US history, court documents show.
After he was taken into custody, Cruz told a detective he had a "demon" in his head, according to a transcript. He said the voice told him to buy the AR-15 weapon and take an Uber to Stoneman Douglas the day of the shooting.
Cruz's attorney described him in February as a "deeply disturbed, emotionally broken" young man.
"He is suffering from significant mental illness and significant trauma and he has some very difficult decisions to make shortly, and we're going to assist him with those decisions," public defender Gordon Weekes said.
A Broward County grand jury indicted Cruz in March on 17 counts of first-degree premeditated murder and 17 counts of first-degree attempted murder, and a judge entered a not guilty plea on his behalf.
Prosecutors have said they plan to seek the death penalty in the case.
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