Thursday, November 15, 2018

Federal judge throws out Pulse victims' lawsuits against Orlando police, city. (Orlando Sentinel)


By David Harris
Orlando Sentinel

A federal judge on Wednesday dismissed lawsuits filed against the Orlando Police Department by victims of the Pulse nightclub massacre.
Survivors and family members of the victims said their civil rights were violated when Orlando Police Officer Adam Gruler, who was working security at the club on June 12, 2016, failed to go inside after a gunman opened fire. The lawsuits also said the city did not train its officers enough to prepare them for a mass shooting.
U.S. District Judge Paul G. Byron of the Middle District of Florida wrote in a 23-page ruling that Gruler’s actions did not reach the required “shock the conscience” threshold.
“Officer Gruler was faced with a sudden emergency and had no time to deliberate,” Byron wrote. “He could have gone in immediately to face an uncertain threat, potentially harming those inside in an attempt to neutralize the suspect, or alternatively stayed outside Pulse, called for backup, or set up a perimeter to secure the structure.”
Byron also wrote that inadequate training by police departments does not rise to a violation of someone’s constitutional rights.
Solomon Radner, the Michigan-based attorney who filed one of lawsuits, said he and his clients “respectfully disagree” with the decision.
“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 said in a statement.
Radner said he is considering appealing the decision.
Michelle Guido, spokeswoman for the Orlando Police Department, said the lawsuit “was without merit.”
“On the morning of June 12, 2016, local, state and federal law enforcement officers and first responders put themselves in harm’s way to save as many lives as possible,” she said in a statement.
The massacre left 49 people dead and dozens more injured.
dharris@orlandosentinel.com, 407-420-5471





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