On November 14, 2022, the Whatcom County Superior Court found Kamuran Chabuk not guilty of a 2nd Degree Assault charge nine years after a self-defense shooting in Bellingham. The Law Office of Mark Knapp PLLC obtained an acquittal after a bench trial before Hon. Judg
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People need to make the decision to prepare for deadly force now, not when the attack precipitates. By then, it will be too late.”
Read Israel’s answer to school violence.
Schools and school buses are probably under surveillance by terrorists and being “pinged” in order to measure reactions and identify security measures.
Every active shooter attack in a school, mall or other public place provides data for terrorists who study news reports and publicly available studies conducted by security experts. Beslan was a slaughter of school children in Russia that was probably a dress rehearsal for the rape, slaughter and torture of young school children in the U.S. The attacks on innocent people conducted by Al Qaeda affiliates, like al AShabaab’s attack on the Westgate Mall in Nairobi, Kenya may be harbingers of how future operations in the U.S. might look.
The school attack in Beslan has been carefully analyzed in John Giduck’s study. Entitled Terror at Beslan, Giduck’s warnings detail the importance, but also the pitfalls, when armed citizens react to terrorist attacks. Both the attack at Beslan and the Westgate Mall attack demonstrate how helpless governments become in the face of well-armed terrorists working in teams.
Beslan came under attack from Chechen terrorists that had already made up their minds not to negotiate and to inflict the maximum amount of pain on Russian school children by unleashing torture, death and pysychological damage to the survivors and the Russian people. The terrorists demanded opportunities to negotiate. Such demands were only issued in order to deceive the Russian authorities into providing more time for the terrorists to wire school buildings with bombs.
Security personnel and operatives on the side of terrorist groups study every aspect of how the authorities and media respond to such attacks. This includes reaction time, vulnerabilities, follow up, etc. John Giduck was in Russia at the time the attack on the Beslan school occurred and was able to work closely with Russian security forces during the immediate aftermath of the attack. The book also got the author banned from Russia because of his honest criticism of what the Russian security forces did wrong. Eleven men from Russia’s elite Alpha and Vympel Counter Terror units lost their lives saving 1,181 hostages- 777 of them children.
The attack began on Sept. 1, 2004. The school was destroyed in an explosion and 334 were killed, 186 of the dead were children and many that survived witnessed horror that will scar them forever. Lt. Col. Dave Grossman has long warned that it COULD happen here, there are things you and I can do to prevent such attacks and it could be YOUR child’s life that you save.
John Giduck suggests what we can do as parents and as concerned citizens that are not in the law enforcement or intelligence communities. Mr. Giduck is a trial lawyer who also holds the highest level certification in Homeland Security. He works with a non-profit NGO, the Archangel Group, consulting with law enforcement and other agencies in the field of anti-terrorist training and has spent considerable time gaining first hand expertise on Russia’s security operations.
Giduck’s recognition of the role armed citizens can play in responding to terrorist activities should silence very anti-gun idealogue. After the events in Nairobi’s Westgate Mall attack, refusing to acknowlege the need for armed security in our schools is tantamount to giving aid and comfort to terrorists! Even an Interpol chief has now publicly proposed that armed citizens are one of the few options available to stop terrorist attacks like the one at the Westgate Mall in Nairobi, Kenya.
Almost every attack has been in a “gun-free” zone. Thus, the murderer knows that it is unlikely any of his or her victims will be armed. At the present time, the Washington Administrative Code, promulgated by unelected bureaucrats, prohibits weapons on campus in Washington. It is questionable whether the WAC regulations have any legal effect since they conflict with Washington State’s firearms preemption law that prohibits any local municipal gun laws more restrictive than the restrictions in the state RCWs.
Some liberal lawyers and anti-gunners in Olympia want to get a new law passed to “clarify” the situation. No one wants to be a test case and you could get expelled from your state university for carrying. Each student in a state college or university has to make an informed decision as to whether to exercise his or her right to carry on campus with a valid carry license pursuant to our state laws.
It is your life and your education that is at stake. There is no right to carry at a high school or elementary school with or without a license to carry, at this time. But write to your representatives and demand that something be done like what is starting to take place in Oregon and other states that have empowered certain armed volunteers to carry in schools.
Most restrictions only restrict law- abiding people and not criminals, psychopaths and terrorists. If a disturbed person would gun down a defenseless child, that same person will pay no attention to a law restricting guns.
In fact, the gun-free status of the institution or facility makes it a target for the psychopathic killer.
The individuals in our colleges and universities that need to be the first line of defense>, however, are the students, instructors and staff with either concealed carry permits or specialized training.
Elementary, high school and middle school personnel may need a new kind of training with a special license indicating some advanced tactical training for active-shooter situations. Most of the security guards that do provide a presence at such places are unarmed security guards, however, and the expense of hiring enough armed security is prohibitive.
Revenge or anything like vigilante action is the worst possible thing anyone can do and advocating or engaging in retaliation is criminal conduct.
True Followers of Christ will not engage in murdering innocent people but many Americans may be carried away with the concept of imprisoning or taking revenge against Islamic people in the same way as Japanese were interned during WW II.
The same “liberals” that already want to restrict our gun rights and disarm honest people may be holding the reins of power if and when the country faces the chaos of a WMD, Mumbai-style tactical teams terrorizing our communities or some other disaster.
On the other hand, the jihadist believes that in a few generations a Caliphate will force you to submit (that is what Islam means- subjection) to its religious laws.
Many of the U.S. authorities are presently so eager to accomodate Islamicists (and are so intimidated by CAIR’s threats of legal action) that Christianity is being denigrated while Islam is celebrated in the name of diversity. There are many examples but sufficient to state for now that these are the first steps toward submission.
Self-defense and defense of others when attacked is not vigilantiism.
Make sure you recognize your school bus drivers and ask your local school district to provide for some staff to become trained and certified to carry weapons.
We need to take precautions similar to the Israeli schools and schools in other countries like Thailand where the staff is armed and ready for jihad. Meanwhile get your permit and learn how to shoot.
Some of our neighbors in Federal Way are preparing to provide opportunities for teachers and other school professionals to learn to work tactically so that they are trained when the authorization to carry in our local schools finally comes. It does not take an act of the Congess or the legislature. Federal and state lawmakers have left it up to local school boards!
Republished from Sandpoint PR January 29,2014
Mark Knapp, a Federal Way and Spokane, Washington firearms lawyer, believes strongly in our Constitutional right to bear arms. He is passionate about firearms safety and proper training. As with any contributing writer, Knapp’s opinions are his own and not necessarily those of SandpointPR.com.
Idaho Beckons Gun Manufacturers
In September of 2013, the Idaho Firearm and Accessories Manufacturers’ Association announced that Idaho needs to find new workers for its $500 million firearms and ammunition industries. Idaho presently has an expanding manufacturing base for guns and ammo that cannot expand without a skilled workforce.
Jeff Sayer, director of the Idaho Department of Commerce, told a forum at Boise State University that one Idaho manufacturer would triple in size if it could hire more machinists with gun manufacturing skills. The Idaho Department of Commerce was at the 2014 Shot Show in Las Vegas along with Idaho manufacturers like MGM Targets, Nightforce Optics, Buck Knives, ATK, Integrity Ballistics, Riverman Gun Works and Unique ARs, to name a few of the many exhibitors and businesses that booth space with Idaho Commerce.
The Idaho Constitution and state statutes provide a protection for Idaho firearms and ammunition manufacturers that protects the industry from the kind of lawsuits that are designed to wear down manufacturers and drive up the price of the product for gun owners. This may be part of the reason that the state of Idaho has seen 50% growth of firearms and ammunition manufacturing over the last 10 years. Additionally, the largest producer of .22 and .223 caliber ammunition in the nation, CCI, a brand within the ATK Sporting Group, is located in Lewiston, Idaho.
There are also over 2 dozen manufacturers of custom arms, aftermarket parts, and specialized ammunition. For example, Riverman Gun Works, located in Coeur d’Alene is a manufacturer of MP5 Clones, ARs, custom 1911’s and a spring-loaded bolt action rifle which disassembles in two easy steps.
The Modular Breakdown Rifle can convert to multiple calibers. I visited their shop recently and picking up and handling their custom built AR-style rifles is a pleasure that will be understood by anyone that appreciates modern sporting rifles.
Knife companies are also finding Idaho to be hospitable to manufacturing. Buck Knives, also mentioned above, relocated to Post Falls after years in the San Diego area and even brought many of its workers from California several years ago.
MGM Targets of Caldwell hosts the MGM Ironman 3-Gun Competition in Parma, Idaho every year. Their hosting has become a premier event that brings many competitors and their sponsors in to shoot rifles, pistols and shotguns at hundreds of steel and paper targets. The shooting challenge ranges from firing from a zip line, shooting while running through trenches and firing while perched on top of a tower. Targets for the Ironman 3-Gun Match are arranged from close-quarters battle formation out to hundreds of yards. The 3-day event challenges the endurance of competitors and their equipment alike.
The whole state of Idaho is benefiting as more manufacturers find their way into the state. PNW Arms relocated from Issaquah, WA, to an area 2 miles north of Potlatch. The City of Potlatch has now announced that guns are a natural fit for its economic development plan. The City is working on converting the old Potlatch mill into a location for firearms-related manufacturing and other outdoor recreation companies. There may even be gun shops and residential development included in the mix!
But other states like Montana are busy doing the same thing and the competition to attract manufacturers is fierce. That is why the time has come to create venues that will offer the potential to showcase shooting sports in ways that make the world stand up and take notice.
“Shooting while dangling from a zip line two stories up in the air is something folks will pay to see and experience. Add full automatic weapons and moving targets that simulate real-life tactical scenarios and every manufacturer in the world will sit up and take notice.”
It starts with a friendly business environment and the vision to make things happen. But Idaho schools need to make sure students drill down on reading and arithmetic. Vocational programs at all levels that include specialized machinist courses, gunsmithing and other manufacturing skills will balance out the equation for Idaho’s prosperity during a time that has seen much of the rest of the world drifting in the doldrums.
“Take no part in the worthless deeds of evil and darkness; instead, rebuke and expose them.”
Ephesians 5: 11
Reporters Without Borders reported that more journalists have been executed in the Philippines than anywhere in the world (they started counting in the 1980s), except Iraq. This is the list so far in 2007, just for the Philippines:
12 October 2007 – Iligan City radio journalist shot in the stomach;
26 June 2007 – Radio journalist gunned down, colleague wounded in Tawi-Tawi;
25 May 2007 – Photojournalist on critical newspaper murdered;
20 April 2007 – One journalist beaten and shot dead, another shot and wounded;
11 April 2007 – Radio journalist gets four and a half years in prison for defaming legislator;
23 February 2007 – President Arroyo urged to take energetic measures to end impunity;
19 February 2007 – Newspaper editor gunned down in Mindanao, first Filipino journalist killed this year.
But executing journalists is a phenomenon that is growing around the world; e.g., a Kyrgyz reporter killed this week. The allegation is that the Uzbekistan Government is crossing borders to silence its foes in any place where perceived enemies may expose the regime’s corruption.
In the Philippines, a proposal was explored to make it easier for journalists to get “away from home permits”. Apparently, “mainstream” Philippine journalists protested, arguing that such a move takes the onus off the government to protect people from violence. In the good old USA, however, the courts have stated unequivocally that the government has no such duty. Does this surprise you?
The reality is that corrupt government factions are behind many such executions. In the Philippines, journalists have alleged that the army is cooperating with rebels, Yakuza and other criminal enterprises. In many countries, distinctions between terrorist, bandit, soldier and politician are almost indistinguishable. Armed journalists that are trained to defend freedom of the press may be the best thing since Wyatt Earp when it comes to cleaning up Dodge Cities and Tombstones around the world.
Alisher Saipov’s courage in reporting the truth is being honored posthumously, however, and such journalists deserve international respect.
By DAVID L. STERN; New York Times
Published: December 3, 2007
OSH, Kyrgyzstan — In his short career as a journalist in this Silk Road city in Kyrgyzstan’s south, Alisher Saipov gained a reputation for being driven, thorough, impassioned, brave and insatiably curious — though sometimes arrogant and abrasive. Above all, he was known for being outspoken.
Colleagues, academics, diplomats and government officials described Mr. Saipov, 26, a former contract reporter for Voice of America and a Moscow-based web site (see link) that focuses on news from Central Asia, as one of the top reporters here, if not the best.
Mr. Saipov was renowned for his scoops and his extensive network of inside contacts, ranging from Islamic extremists to foreign ministers. For visiting journalists, including those from the BBC and The New York Times, Mr. Saipov’s offices were a required stop for a pot of green tea and a debriefing on the latest intricacies of the Ferghana Valley, the ethnically diverse geographic pocket that encompasses portions of Kyrgyzstan, Uzbekistan and Tajikistan.
But Mr. Saipov achieved a different sort of notoriety on Oct. 24 when around 7 p.m., while waiting for a taxi with a friend on one of the main thoroughfares here, a gunman stepped out of the tree-lined darkness and shot him in the leg, according to news reports. When Mr. Saipov fell to the ground, the gunman fired two shots to his head.
The shooting was apparently the first contract killing of a journalist in Kyrgyzstan, a country known for its relative media freedom compared with its authoritarian neighbors, and it sent shock waves through the region and beyond. The American Embassy in Bishkek, the Kyrgyz capital, joined by the European Union and the British government, called for a thorough investigation of the “outrageous crime.” The Kyrgyz president, Kurmanbek Bakiyev, announced that he was taking personal responsibility for the inquiry.
Among many international observers and the country’s news media, primary suspicion has fallen on the Uzbek security services. Mr. Saipov, who was a Kyrgyz citizen and an ethnic Uzbek, was a well-known opponent of the government of the Uzbek president, Islam A. Karimov.
His shooting, they maintain, is evidence of the long reach of the National Security Service of Uzbekistan, or S.N.B., using its Russian initials. Uzbekistan strives to suppress all opposition voices, even those outside the country. Although no proof has emerged of any Uzbek link, proponents of this theory say that they believe the circumstantial evidence is overwhelming.
Kyrgyzstan’s ombudsman for human rights, Tursunbai Bakiruulu, says he believes firmly that the S.N.B., Uzbek’s successor to the K.G.B., ordered Mr. Saipov’s death. “Logically there is only one scenario,” he said, though he conceded that he had no evidence.
The Kyrgyz-Uzbek border is porous, and Uzbek agents operate freely in Kyrgyzstan’s section of the Ferghana Valley, numerous specialists and diplomats interviewed for this article said.
In May 2005, after Uzbek government troops brutally suppressed an uprising and political demonstration in Andijan, refugees streamed over the border into southern Kyrgyzstan.
According to witnesses, Uzbek agents in the immediate aftermath crossed the border, which is a few hours away by car, rounded up hundreds and sent them back. In mid-2006, five more political opponents to the Uzbek government who had taken refuge in Kyrgyzstan disappeared, international agencies like Human Rights Watch say, and they are feared to have been kidnapped and taken back to Uzbekistan.
Uzbekistan is scheduled to hold presidential elections on Dec. 23. President Karimov, who runs a police state governed by fear and has never held an election deemed free, is expected to glide to victory, though five other people have also announced their candidacy.
The country, many say, could experience a vicious power struggle once President Karimov, 69, departs. Unrest and a subsequent refugee crisis in Uzbekistan, which has the largest population of Central Asia’s five former Soviet states, could prove a destabilizing factor for the entire region.
Mr. Saipov commented critically on developments in Uzbekistan, and his killing, friends and analysts believe, may have been a direct result of his reporting. He was virtually alone among the Ferghana Valley press corps in writing regularly on torture in Uzbek prisons, the plight of the refugees and political unrest across the border.
“Alisher was killed because he was an Uzbek,” said Sultan Kanazarov, an independent journalist who used to work for Radio Free Europe and who said Mr. Saipov was a close friend. “He was the only one who wrote about Uzbekistan, and he never left the Ferghana Valley.”
Earlier this year, Mr. Saipov left Ferghana.ru and Voice of America to start a pan-regional Uzbek-language newspaper, Siyosat, which means politics. The weekly provided original reporting and reprints from news Web sites, and it was underwritten by a $26,500 grant from the National Endowment for Democracy, a Washington-based foundation.
Siyosat struck a visible nerve with the Uzbeks. Soon after Mr. Saipov began to publish, a public campaign began against him on Uzbekistan’s state-controlled television and Internet. One Uzbek Web site ran a piece titled “Saipov Is Traitorous Knife in the Back From Our Neighbor and Partner Kyrgyzstan.”
Mr. Saipov, in the weeks before his death, said he believed he was being trailed by Uzbek security services. He also said he had received warnings and told a number of colleagues that he had heard a rumor that Uzbek officials had placed a $10,000 bounty on his head. Colleagues say that they, too, have been followed in the past, and added that in the days before Mr. Saipov was killed, two unknown men were seen regularly around his offices.
“He said that he felt that the circle was tightening around him,” said Elmurad Jusupaliev, Mr. Saipov’s journalism teacher and a former business partner.
For the journalists, human rights workers and Uzbek opposition members living in southern Kyrgyzstan, given the brutal and public nature of Mr. Saipov’s shooting, the consensus is that he was killed to send a message to anyone interfering — or even thinking of getting involved — in Uzbek politics.
“This was not an assassination, but an execution,” said one Western diplomat working in Kyrgyzstan, who spoke on condition of anonymity given the delicacy of the issue. “It was a message saying, ‘We can get anyone, anytime, anywhere.’”
The cartels just across the border from El Paso, Texas erupted in violence several years ago. Ciudad Juárez was ground zero in Mexico’s war against drug cartels. The violence spread until citizens in Michoacán organized what became known as Autodefensas or self-defense organizations. Dr. José Manuel Mireles, the leader of the self-defense group in theContinue reading “Personal Self-Defense is Fundamental to Liberty & Economic Freedom”
Failure to Protect: Potential Liability Factors in School Shootings
“To hear the ensuing debate about arming teachers and principals and security guards, I just want to go on the record with the board in saying I think that is one of the most irresponsible positions to take in this gun discussion.”
Federal Way School Superintendent Rob Neu at school board meeting after the Sandy Hook school shootings:
“I hate this conversation, I hate that it’s a necessary evil. What happened in Newtown…is just horrible. And having young children at home, and sitting and watching the TV, and seeing those photos with the names being called…with your children in the room, looking at the TV, and looking at you, and you’re fighting back the tears. You’re so thankful they’re sitting in that living room with you, and you’re not one of those parents. I can’t imagine what those parents feel like.”
” But the reality is, if a gunman wants to do what these gunmen want to do…there’s little that anyone can do to stop them. Putting guns in the hands of teachers and principals, who got in this business of educating kids, and not being armed forces…It’s just not a solution, in my mind, and will not be one that comes forward as a recommendation while I’m your superintendent.”
-FEDERAL WAY SCHOOL SUPERINTENDENT ROB Neu
ISSUE: Are proposals to arm teachers and/or administrators irresponsible? What are the potential liabilities faced by school boards that arm school personnel compared to a policy of employing only unarmed School Resource Officers.
FEDERAL LAW: The Gun-Free School Zones Act (GFSZA, codified at 18 U.S.C. § 922(q); federal United States law that prohibits any individual from knowingly possessing a firearm at a place that the individual knows, or has reasonable cause to believe, is a “school zone” as defined by 18 U.S.C. § 921(a)(25). The Gun-Free School Zones Act of 1990 states in part:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(Subparagraph (A) does not apply to the possession of a firearm—
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or…
WASHINGTON STATE LAW: Similar to federal statute. RCW 9.41.280. States the following in part:
Possessing dangerous weapons on school facilities — Penalty — Exceptions.
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;….
(3) Subsection (1) of this section does not apply to:
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
See Washington State Gun Free School statute.
Subsection (1)(f) includes:
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse.
CONCLUSION: The legislature has already provided that non-law enforcement personnel armed with firearms need only be involved in school district security activities; i.e., authorized to carry a weapon for security purposes.
THEORIES OF NEGLIGENCE RELATED TO ARMED SCHOOL PERSONNEL
A PRUDENT PERSON FORESEES DANGER AND TAKES PRECAUTIONS. THE SIMPLETON GOES BLINDLY ON AND SUFFERS THE CONSEQUENCES. Prov. 22:3
Foreseeability issues: Teachers are the other major group in schools that face victimization. During similar periods of time, the reports of threats declined from 12% to 7% from 1993-94 to 2003-04. n33 However, the reported incidents of physical attack, at 4%, were not measurably different comparing 1993-94 and 2007-08. n34 Threats declined, but attacks upon teachers remained unchanged .(13 Conn. Pub. Ont. LJ. 275.)
1. Unauthorized individuals may access a firearm that is negligently stored. How will firearms in schools be stored safely and used safely?
2. Will the individual employee or the employing school district, or likely both, be liable for this increased foreseeable harm of bringing weapons to school with hundreds of adolescent students if a foreseeable injury occurs?
3. How many employees will be allowed to carry weapons at school?
4. Are there risks that are foreseeable from inadequate training. How should school boards ensure that personnel are properly trained if concealed weapons are allowed at school?
Currently, at least eleven states have adopted the “armed-teachers” approach in fighting the war against school violence.
PUBLIC DUTY DOCTRINE: Maintaining a GUN FREE ZONE is a policy decision involving discretion and not operational duties involving no discretion; i.e., Ministerial.
RCW 4.96.010 Tortious conduct of local governmental entities—Liability for damages.
(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation.
Public Duty Doctrine – In General. Under the public duty doctrine, liability may not be imposed for a public official’s alleged negligent conduct unless it is shown that the duty breached was owed to the injured person as an individual and was not merely the breach of an obligation owed to the public in general (i.e., a duty to all is a duty to no one).
Exceptions to the PUBLIC DUTY DOCTRINE: (1) legislative intent, (2) failure to enforce, (3) the rescue doctrine, and (4) a special relationship. BABCOCK V. MASON COUNTY FIRE DIST. NO. 6 , 144 Wn.2d 774 , 784, 30 P.3d 1261 (2001).
In CUMMINS V LEWIS COUNTY, Mrs. Cummins brought a wrongful death action alleging that her husband’s death was the result of the negligence of the Lewis County 911 emergency dispatch unit as well as that of the Centralia police department which had responded to the call. The court determined that no assurances creating a special relationship had been provided by the 911 dispatcher. CUMMINS V LEWIS COUNTY, 156 Wn.2d 844 (2006).
ISSUES: a. Does a policy decision to maintain a so-called gun-free zone constitute a special relationship?
b. Where the law requires that children attend school, is there a special relationship existing such that there is a specific, individualized duty to protect?
In HALVORSON, a city defendant had been dismissed on the grounds that it did not have a tort duty to enforce fire codes. See HALVORSON , 89 Wn.2d 673. We reversed. The HALVORSON court considered the fact that the inspection and enforcement of building codes existed for the ” welfare of the occupants of such buildings.” HALVORSON n, 89 Wn.2d at 677 (quoting former SEATTLE HOUSING CODE 27.04.020). Therefore, the court found a duty was owed to those who lived in the buildings.
The court also noted that if the ordinance was enacted for purposes of public safety or the general welfare, the duty was not enforceable in tort by any one particular individual. HALVORSON, 89 Wn.2d at 676.
These later Washington cases are sometimes collectively referred to as the “public duty” cases because courts, in interpreting individual statutes or ordinances, often found that no particular person or class of persons was intended to be protected. See, e.g ., Michael Tardif & Rob McKenna, Washington State’s 45-Year Experiment in Government Liability , 29 SEATTLE U. L. REV . 1, 48 n.290 (2005).
See DESHANEY V WINNEBAGO COUNTY DEPT. OF SOCIAL SERVICES, 489 US 189 (1989); See also ESTELLE V GAMBLE, 42 US 97 (1976)(Deliberate indifference by prison personnel to a prisoner’s serious illness or injury constitutes cruel and unusual punishment contravening the Eighth Amendment but no indifference where simply medical malpractice and lacking magnitude of a Constitutional tort).
CONCLUSION: It is doubtful that school districts owe a special duty to keep students safe. Nevertheless, OSHA regulations and other administrative codes create a duty to keep school employees safe from foreseeable harm. Thus, a prisoner in custody of the DOC or any public employee has a better claim against the respective public entities than a student in custody of a public school! Child may be in custody of school authorities due to compulsory education law but building the body of case that will compel school authorities to protect children’s lives will take new statutes or a long line of case law precedent must be forthcoming, probably under 42 USC 1983.
42 USC 1983 LIABILITY
INSURANCE ISSUES: School Districts that determine that arming school personnel is more cost-effective than armed SCHOOL RESOURCE OFFICERS (RSOs) will find that liability insurance coverage is either not available or that actions of armed personnel are excluded from coverage. This is an unintended consequence of Washington’s PUBLIC DUTY DOCTRINE that excludes policy decisions but waives Sovereign Immunity for ministerial acts.
But the issue is whether the failure to protect meets the requisite element of 42 USC 1983 liability in that the facts present a policy, custom or practice of violating Constitutional rights under color of law.
NOTE WELL: The requisite disregard for Plaintiff’s to 14th Amendment Constitutional right to life will always raise the issue of whether a mere failure to protect rises to the level of a Constitutional tort.
Under 42 USC 1983, the problem is that a passive omission or failure to intervene normally does not rise to the level of a Constitutional Tort; i.e., one that shocks the conscience. Arming teachers, on the other hand, can be characterized as an affirmative act and arguably becomes a state-created danger in the event of an accidental discharge, unauthorized access to a negligently stored weapon or where a frightened and poorly trained volunteer shoots at a bad guy and hits an innocent 3rd party during a school shooting rampage.
The irony is that lawsuits for school districts that fail to stop garden variety of bullying have multiplied but a claim for a school district’s failure to protect may be easily dismissed on a Motion for Summary Judgment. Furthermore, a District is prone to be sued under 42 USC 1983 for negligent acts of its armed employees. See MONELL V DEPT. OF SOCIAL SERVICES NY, 436 US 658 (1978).
REQUISITE TRAINING: The best protection against such legal action pursuant to 42 USC 1983 is to require training that meets the same requirements expected of law enforcement under current case law.
FIREARMS AND USE OF FORCE TRAINING: Training must be tailored to specific needs and consequently becomes a compelling factor when the allegation arises that armed school personnel are not in compliance with the guidelines spelled out by the U.S Supreme Court in POPOW VS MARGATE, 476 F.Supp. 1237 (Dist. N.J. 1979) (Officer’s firearms training of going to a range twice a year; no training with respect to low light conditions, moving targets or firing in residential areas. Entirely foreseeable that an officer from the City of Margate, a largely residential area, would have to pursue a moving suspect at night under low-light conditions).
Note: Just as LEOs must be trained in the specific situations that an officer will foreseeably encounter, armed school personnel, (whether SROs or specially trained volunteers) must train for many foreseeable situations that are inherently different than situations presented to traditional uniformed LEOs. These situations would include, for example, a plain-clothes officer entering the scene under Active Shooter Protocols that encourage any officer that arrives first to enter the area and neutralize an active shooter. See YOUNG V. CITY OF PROVIDENCE, 2004 U.S. Dist. LEXIS 1847 (R.I. 2004).
1. Situations that may be de-escalated by non-deadly force responses;
2. Response to emotionally disturbed persons;
3. Response to off-duty LEO response situations;
4. Response to suicide situations;
5. Decision making with respect to good citizens who are in possession of firearms and try to intervene;
6. Crowd scenarios and hostage situations where missed shots may endanger innocent persons; and
7. Fleeing attackers that or other persons that turn with innocent objects in their hands that look like guns.
Liability cannot be absolutely eliminated unless the legislature immunizes armed volunteers who act in good faith. Such immunity should be enacted with specific criteria for state mandated certification that includes:
1. Psychological evaluations such as LEOs undergo;
2. Reality Based Training (RBT) exercises;
3. Shoot don’t shoot scenarios with simulators or simulated live-fire ammunition;
4. Stress-training with firearms in RBT scenarios.
All of the above are either mandated or strongly suggested in case law dealing with law enforcement training.
Such training protocols that provide authentic, innovative, and up to date training do not guarantee that mistakes will not be made under stress. Just as with LEOs, the emphasis on Realty Based Training diminishes liability for a school district. Active Shooter Protocols (ASP) with live-fire simunitions in conjunction with law enforcement ASP training must be required. Until the Washington State Legislature takes such action, each school board should consider establishing such criteria and begin a certification process that can be combined with armed SRO training.
A mix of uniformed and non-uniformed personnel is most effective at deterring and stopping armed school attacks; provided that there are RBT components for school personnel, LEOs and SROs to recognize each other.
All law enforcement officers (LEOs) should be getting such training under YOUNG V. CITY OF PROVIDENCE (plainclothes officers holding suspect at gunpoint shot responding uniformed officer in low-light situation). The court determined liability based on an admission of of very limited training in RBT scenarios and especially low-light situations.
STANDARD OF CARE: As more Districts take these steps, new industry standards will be established creating a new standard of care. At least 11 states already have approved some kind of concealed carry in public schools. Insurance companies once were averse to insuring armed anti-piracy units at for maritime shipping. In a few short years this has become an industry practice and insurance is getting less expensive.
Air Marshals and armed pilots were extremely controversial. Many years later and the programs have been a success despite all the arguments that were similar to the arguments against armed school personnel. Furthermore, the Law Enforcement Officers Safety Act of 2004 was opposed by many law enforcement associations, including the Washington Association of Sheriff’s and Police Chiefs because the federal law empowered retired officers to carry on all 50 states and Washington, DC and the islands. There has been no outcry since enactment that retired LEOs impaired by dementia have created a hazard across the land.
OSHA, STATE & LOCAL REGULATIONS AS BASIS FOR EMPLOYER LIABILITY: Administrative regulations provide a standard of care because they establish an industry practice standard. For example, Occupational Safety & Health Act (OSHA) has promulgated a regulation at 29 CFR 1910.157 requiring Emergency Action Plans (EAPs) if there are fire extinguishers required or provided in the workplace.
The OCCUPATIONAL SAFETY & HEALTH ACT states at Sec. 5(a)(1) that every employer in the United States shall furnish to each employee employment and a place of employment which are free from recognized hazards that are likely to cause death or serious physical harm to employees.
This is often called the General Duty Clause. Failure to so provide can result in fines and an investigation involving training and procedure, including EAPs. Local and state authorities having jurisdiction may be the Department of Labor and Industries and local fire departments which maintain variations of the International Fire Code. These get updated after major terrorist attacks like the Oklahoma City federal courthouse bombing and the World Trade Center attack in 2001.
These will not specifically deal with Use of Force scenarios in most cases but as terrorist attacks become more frequent, it will become more important for schools, other governmental entities and businesses to include Use of Deadly Force protocols into their EAPs. Although the basis for liability on mass shootings is not clear at this time, the Public Duty Doctrine and other bodies of law that shield public and private entities are in a state of transition.
The changes being driven by mass Active Shooter incidents will continue to bring about rapid change in industry standards. Management at apartment complexes has experienced increasing liability over many years for failing to protect tenants from violence. Stores have increased responsibilities in parking lots and other vulnerable areas. Statutory codes and case law precedent increasing the potential for 3rd party violence are in transition in convenience stores and many other workplace environments across the United States. LEOs are also held to higher standards of care when it comes to use of force and custodial situations.
Maybe the least well protected are the school children. Most American children are within the custody of public school administrators and employees; it is unacceptable for school authorities to put money and institutionalized politically correctness ahead of the most important Substantive Due Process right- preservation of a child’s Constitutionally protected interest in life and the child’s liberty interest in pursuing compulsory education without the anxiety now faced in our vulnerable schools.
Many school administrator’s actually think they don’t have the authority to protect children’s lives. And they don’t want to hear otherwise. Failure to participate in the discussion sets in place a perfect record for a good mass tort lawyer. Unfortunately, true change may only start when school district employees initiate legal action against their employers for failing in the employer duty to provide a safe workplace.
The State of Washington and the federal government have empowered school administrators to empower their employees. A school superintendent that hates the necessary conversation about armed force is not making a reasoned policy decision- he is abdicating responsibility to protect lives where he or she, the Administrator, has a general duty to protect lives.
That is also called paralysis or reckless indifference to Constitutional rights and we are seeing it throughout our institutions. It may take years of collecting data like it did in the litigation against Big Tobacco. That is the amazing thing about our profession. We will spend years in the discovery process with various legal actions until we have the means to bring about change in whole industries. A sea change is coming to security planning in Big Education and many other industries.
Odom link to Reptilian Conspiracy theorists?
An article in the Boise Weekly recently stated that, “Despite the tragedy in Coeur d’Alene and the controversies surrounding Icke, the reptilian conspiracy theory is more mainstream than might be expected. According to a 2013 survey of conspiracy theories by Public Policy Polling, 12.4 million Americans (about 4 percent), believe reptilians or “lizard people” control politics.”
On March 7, 2016, we attended a prayer vigil for Pastor Tim Remington, The vigil at Candlelight Christian Fellowship in Coeur d’Alene, Idaho ended with a literal candlelight ceremony just outside the front entrance of the church facing Hwy 95. The police identified Kyle Odom, as the shooter.
But the most important thing about the gathering of people from throughout the Body of Christ is Jesus Christ and how Tim Remington embodies the Spirit of Christ. Several probation officers from Kootenai County told us how Pastor Remington advocated in an amazing manner regarding faith-based drug rehabilitation. Some of the officers who worked with Tim were skeptical at first. But there was real change in the people seeking help.
The officers gave wonderful testimonials regarding how their personal supervision of people on probation who were getting help from Good Samaritan Rehabilitation. Probation Officers look at Facebook accounts, check with employers and watch every aspect of where people go. One PO described how hardened he got after years of seeing people in programs that did not bear the fruit that he saw over a period of time while assigned to Good Samaritan’s program.
Pastors and Probation Officers, and even family members of the Pastor prayed for the grace of Christ in Kyle Odom’s life. Odom allegedly shot six rounds into the Pastor right in the church parking lot at almost point blank range. The base of the skull, pelvis, shoulder and lung all took hits that will take time to heal. The shoulder was all but obliterated but there is no brain damage or paralysis. Just some nerve damage.
Mr. Odom was caught in Washington D.C. throwing things over the White House fence that included a manuscript about Martians and alleging that Pastor Remington, members of Congress and political leaders in Israel were from an alien race.
As we prayed for Pastor Tim and Kyle Odom, I started to see Kyle as a human being and not a monster. Both men have families that are in shock. Both have families that are praying for them. Satan can so deceive a man that he will suddenly act violently and the man will sincerely believe that he is serving God, In some cases, such acts may even be planned in a cold calculated manner. Mr. Odom’s manuscript revealed that he got into intense states of meditation and experienced so-called out-of-body sensations during intense study for a degree in Biochemistry at the University of Idaho.
Tim Remington, on the other hand, started working in street ministry in Southern California many years ago. He was willing to go to great extremes of personal sacrifice to disciple people in need. He and his wife would take street people into their homes- as many as 300 over the years! He also prayed with Ted Cruz the day before he was shot.
There is a great deal of interest in alien races which is connected to Satanism and the occult. Kyle Odom may not have even realized that he was being drawn into a netherworld- not a world controlled by Reptilian Martians- but by people like David Icke. Icke is a self-professed New Age, White Majick Warlock with Anti-Semitic doctrines. It is hard to know what motivates such teachings but Icke obtains revenue from his speaking engagements.
On Saturday, April 18, Inland Northwest Action Shooters hosted the 8th annual 1st Lt. Forrest P. Ewens Memorial Match. Forrest Ewens was killed in action on June 16, 2006 during combat operations in Afghanistan. His all-terrain vehicle struck an IED in the Pech River Valley. Sgt. Ian T. Sanchez was also killed.
1st Lt. Ewens, of Chewelah, Washington was 25 years old and had attended Whitworth University in Spokane. There were men present at the match, including a returned Ranger veteran, who knew him and spoke of how energetic and committed to his country Forrest was.
There were at least 14 volunteers that helped set up and serve as range officers for the match. Will Woodbury organized 20 cadets from the Gonzaga Bulldog Battalion to honor their fallen friend and soldier.
The Bulldog Battalion is Gonzaga University’s Army ROTC and the men and women that participated demonstrated the highest example of our nation’s greatest hope for the future. INAS raised $400 to contribute to the Forrest P. Ewens fund that will go directly to a Gonzaga cadet upon commissioning!
Tactical Tailor and Grey Ghost Gear sent their representative named GW with great prizes and gifts for the cadets and volunteers. Frank De Soma of POF- USA (Patriot Ordinance Factory) provided the sponsored rifle for match winner, Anthony Novak. It was a P415 piston rifle with a MSRP of over $2000. POF has now sponsored four such matches.
After the cadets and volunteers shot the three Courses of Fire, Will Parks brought out a Squad Automatic Rifle (SAW) and let several cadets and a few volunteers shoot at exploding targets. Everyone in attendance learned a great deal and the weather was perfect.
The Spokane Valley Rifle Pistol Club has been the primary range for INAS matches for eight years. SVRPC also hosts other shooting groups. The range, outside Mica, Washington, surrounded by rolling farmland, is being sued by Tim Hunt of Huntwood Industries for alleged shooting on his property over one mile away.
SVRPC is defending the suit and needs support. Consider joining the SVRPC club for only $65 per year. Or donate to the defense fund. If Hunt succeeds he is calling for closing the range. INAS is committing $500 towards the defense fund.
From: “Bill Warner” Date: June 23, 2014 10:04:42 AM PDT
All of this data after the 9/11 attack on the World Trade Towers comes from http://www.thereligionofpeace.com. The data before 9/11 comes from http://www.politicalislam.com and comes as a surprise for most people.
Why is it that our media and government do not ever try to connect the dots?
DATE CITY/STATE DEAD HURT DESCRIPTION
Apr 14, 1972 New York, NY 1 3 Ten members of a local mosque phone in a false alarm and then ambush responding officers, killing one.
Jan 19, 1973 Brooklyn, NY 1 1 Muslim extremists rob a sporting goods store for weapons, gunning down a police officer who responds to the alarm.
Jul 1, 1973 Bethesda, MD 1 0 An Israeli diplomat is gunned down in his driveway by Palestinian terrorists.
Jul 18, 1973 Washington, DC 8 2 Nation of Islam members shoot seven members of a family to death in cold blood, including four children. A defendant in the case is later murdered in prison on orders from Elijah Muhammad.
Oct 19, 1973 Oakland, CA 1 1 Nation of Islam terrorists kidnap a couple and nearly decapitate the man, while raping and leaving the woman for dead.
Oct 29, 1973 Berkeley, CA 1 0 A woman is shot repeatedly in the face by Nation of Islam terrorists.
Nov 25, 1973 Oakland, CA 1 0 A grocer is killed in his store by Nation of Islam terrorists.
Dec 11, 1973 Oakland, CA 1 0 A man is killed by Nation of Islam terrorists while using a phone booth.
Dec 13, 1973 Oakland, CA 1 0 A woman is shot to death on the sidewalk by Nation of Islam terrorists.
Dec 20, 1973 Oakland, CA 1 0 Nation of Islam terrorists gun down an 81-year-old janitor.
Dec 22, 1973 Oakland, CA 2 0 Nation of Islam terrorist kills two people in separate attacks on the same day.
Dec 24, 1973 Oakland, CA 1 0 A man is kidnapped, tortured and decapitated by Nation of Islam terrorists.
Jan 24, 1974 Oakland, CA 4 1 Five vicious shooting attacks by Nation of Islam terrorists leave three people dead and one paralyzed for life. Three of the victims were women.
Ap 1, 1974 Oakland, CA 1 1 A Nation of Islam terrorist shoots at two Salvation Army members, killing a man and injuring a woman.
Ap 16, 1974 Ingleside, CA 1 0 A man is killed while helping a friend move by Nation of Islam terrorists.
Mar 9, 1977 Washington, DC 1 1 Hanifi Muslims storm three buildings including a B’nai B’rith to hold 134 people hostage. At least two innocents were shot and one died.
Jul 22, 1980 Bethesda, MD 1 0 A political dissident is shot and killed in front of his home by an Iranian agent who was an American convert to Islam.
Aug 31, 1980 Savou, IL 2 0 An Iranian student guns down his next-door neighbors, a husband and wife.
Nov 6, 1989 St. Louis, MO 1 0 A 17-year-old girl is stabbed to death by her parents for bringing ‘dishonor’ to their family by dating an ‘infidel’ African-American.
Jan 31, 1990 Tuscon, AZ 1 0 A Sunni cleric is assassinated in front of a Tuscon mosque after declaring that two verses of the Qur’an were invalid.
Nov 5, 1990 New York City, NY 1 0 An Israeli rabbi is shot to death by a Muslim attacker at a hotel.
Jan 25, 1993 Langley, VA 2 3 A Pakistani with Mujahideen ties guns down two CIA agents outside of the headquarters.
Feb 26, 1993 New York, NY 6 1040 Islamic terrorists detonate a massive truck bomb under the World Trade Center, killing six people and injuring over 1,000 in an effort to collapse the towers.
Mar 1, 1994 Brooklyn, NY 1 0 A Muslim gunman targets a van packed with Jewish boys, killing a 16-year-old.
Mar 23, 1997 New York, NY 1 6 A Palestinian leaves an anti-Jewish suicide note behind and travels to the top of the Empire State building where he shoot seven people in a Fedayeen attack.
Ap 3, 1997 Lompoc, CA 1 0 A prison guard is stabbed to death by a radical Muslim.
Mar 17, 2000 Atlanta, GA 1 1 A local imam and Muslim spiritual leader guns down a deputy sheriff and injures his partner.
Sep 11, 2001 New York, NY 2752 251 Islamic hijackers steer two planes packed with fuel and passengers into the World Trade Center, killing hundreds on impact and eventually killing thousands when the towers collapsed. At least 200 are seriously injured.
Sep 11, 2001 Washington, DC 184 53 Nearly 200 people are killed when Islamic hijackers steer a plane full of people into the Pentagon.
Sep 11, 2001 Shanksville, PA 40 0 Forty passengers are killed after Islamic radicals hijack the plane in an attempt to steer it into the U.S. Capitol building.
Mar 19, 2002 Tuscon, AZ 1 0 A 60-year-old man is gunned down by Muslim snipers on a golf course.
May 27, 2002 Denton, TX 1 0 Muslim snipers kill a man as he works in his yard.
Jul 4, 2002 Los Angeles, CA 2 0 Muslim man pulls out a gun at the counter of an Israeli airline and kills two people.
Sep 5, 2002 Clinton, MD 1 0 A 55-year-old pizzaria owner is shot six times in the back by Muslims at close range.
Sep 21, 2002 Montgomery, AL 1 1 Muslim snipers shoot two women, killing one.
9/23/2002 Baton Rouge, LA 1 0 A Korean mother is shot in the back by Muslim snipers.
Oct 2, 2002 Wheaton, MD 1 0 Muslim snipers gun down a program analyst in a store parking lot.
10/3/2002 Montgomery County, MD 5 0 Muslim snipers kill three men and two women in separate attacks over a 15-hour period.
Oct 9, 2002 Manassas, VA 1 1 A man is killed by Muslim snipers while pumping gas two days after a 13-year-old is wounded by the same team.
Oct 11, 2002 Fredericksburg, VA 1 0 Another man is killed by Muslim snipers while pumping gas.
Oct 14, 2002 Arlington, VA 1 0 A woman is killed by Muslim snipers in a Home Depot parking lot.
Oct 22, 2002 Aspen Hill, MD 1 0 A bus driver is killed by Muslim snipers.
Aug 6, 2003 Houston, TX 1 0 After undergoing a ‘religious revival’, a Saudi college student slashes the throat of a Jewish student with a 4″ butterfly knife, nearly decapitating the young man.
Dec 2, 2003 Chicago, IL 1 0 A Muslim doctor deliberately allows a Jewish patient to die from an easily treatable condition.
Ap 13, 2004 Raleigh, NC 1 4 An angry Muslim runs down five strangers with a car.
Ap 15, 2004 Scottsville, NY 1 2 In an honor killing, a Muslim father kills his wife and attacks his two daughters with a knife and hammer because he feared that they had been sexually molested.
Jun 16, 2006 Baltimore, MD 1 0 A 62-year-old Jewish moviegoer is shot to death by a Muslim gunman in an unprovoked terror attack.
Jun 25, 2006 Denver, CO 1 5 Saying that it was ‘Allah’s choice’, a Muslim shoots four of his co-workers and a police officer.
Jul 28, 2006 Seattle, WA 1 5 An ‘angry’ Muslim-American uses a young girl as hostage to enter a local Jewish center, where he shoots six women, one of whom dies.
Feb 13, 2007 Salt Lake City, UT 5 4 A Muslim immigrant goes on a shooting rampage at a mall, targeting people buying Valentine’s Day cards at a gift shop and killing five.
Jan 1, 2008 Irving, TX 2 0 A Muslim immigrant shoots his two daughters to death on concerns about their ‘Western’ lifestyle.
Jul 6, 2008 Jonesboro, GA 1 0 A devout Muslim strangles his 25-year-old daughter in an honor killing.
Feb 12, 2009 Buffalo, NY 1 0 The founder of a Muslim TV station beheads his wife in the hallway for seeking a divorce.
Ap 12, 2009 Phoenix, AZ 2 0 A man shoots his brother-in-law and another man to death after finding out that they visited a strip club, in contradiction to Islamic values.
Jun 1, 2009 Little Rock, AR 1 1 A Muslim shoots a local soldier to death inside a recruiting center explicitly in the name of Allah.
Nov 2, 2009 Glendale, AZ 1 1 A woman dies from injuries suffered when her father runs her down with a car for being too ‘Westernized.’ (10-20-09)
Nov 5, 2009 Ft. Hood, TX 13 31 A Muslim psychiatrist guns down thirteen unarmed soldiers while yelling praises to Allah.
Dec 4, 2009 Binghamton, NY 1 0 A non-Muslim Islamic studies professor is stabbed to death by a Muslim grad student in revenge for ‘persecuted’ Muslims.
Ap 14, 2010 Marquette Park, IL 5 2 After quarrelling with his wife over Islamic dress, a Muslim convert shoots his family members to ‘take them back to Allah’ and out of the ‘world of sinners’.
Ap 30, 2011 Warren, MI 1 0 A 20-year-old woman is shot in the head by her stepfather for not adhering to Islamic practices.
Feb 7, 2013 Buena Vista, NJ 2 0 A Muslim targets and beheads two Christian Coptic immigrants.
Mar 24, 2013 Ashtabula, OH 1 0 A Muslim convert walks into a church service with a Quran and guns down his Christian father while praising Allah.
Ap 15, 2013 Boston, MA 3 170 Foreign-born Muslims describing themselves as ‘very religious’ detonate two bombs packed with ball bearings at the Boston Marathon, killing three people and causing several more to lose limbs.
Ap 19, 2013 Boston, MA 1 1 Jihadists gun down a university police officer sitting in his car.
TOTAL 4677 1592
Bill Warner, Director, Center for the Study of Political Islam
copyright (c) CSPI, LLC, politicalislam.com
Use as needed, just give credit and do not edit.