L.S. v. Peterson, No. 19-14414 (11th Cir. 2020)Annotate this Case
Students filed suit against Broward County and five public officials on the theory that their response to the school shooting in 2018 at Marjory Stoneman Douglas High School in Parkland, Florida was so incompetent that it violated the students' substantive rights under the Due Process Clause of the Fourteenth Amendment to the Constitution.
The Eleventh Circuit affirmed the district court's dismissal of the complaint based on failure to state a claim of a constitutional violation. The court first clarified that the three John Does are not parties to this appeal. The court concluded that the students failed to state a claim for violation of their right to substantive due process. The court explained that the students were not in custodial relationship with defendants, and the students did not allege any arbitrary or conscience-shocking conduct. The court also concluded that the students failed to state a claim of failure to train where they never properly presented the claim to the district court. Finally, the court concluded that the district court correctly dismissed the claims with prejudice because leave to amend would be futile.