School Shooting Victims’ Suits Dismissed by Appeals Court

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School Shooting Victims’ Suits Dismissed by Appeals Court

Lawsuits filed by families of students affected by the tragic 2021 shooting at Oxford High School in Michigan have been dismissed by a federal judge, following a recent ruling by the U.S. Sixth Circuit Court of Appeals.

The families alleged that school officials, including the district’s counselor and dean of students, increased the risk of harm to students by their actions the morning of the shooting, such as threatening to involve child protective services, returning the shooter’s backpack containing a firearm, and sending him back to class. However, in a March 20 published opinion, the Sixth Circuit panel found that the school officials’ conduct did not meet the legal threshold of being “conscience shocking” and therefore did not constitute a state-created danger. The court ordered the dismissal of all related lawsuits.

On Tuesday, U.S. District Judge Mark A. Goldsmith formally dismissed the cases with prejudice, concluding the claims without awarding costs or attorney fees.

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The suits relate to the November 30, 2021, shooting at Oxford High School, where Ethan Crumbley fatally shot four students and injured others. Crumbley pled guilty to first-degree murder and is serving a life sentence, while his parents have been convicted of manslaughter and are incarcerated.

While families asserted that school officials Nicholas Ejak and Shawn Hopkins could have prevented the tragedy, the Sixth Circuit emphasized that the officials’ actions were not “outrageous” or “callous” enough to shock the conscience under legal standards. The court noted that returning Crumbley’s backpack did not increase risk, as the weapon was already in his possession, and that the threat to call child protection authorities aimed to mitigate risk rather than exacerbate it.

Several related state court cases remain pending.

The plaintiffs in these federal cases were represented by law firms including Pitt McGehee Palmer Bonanni & Rivers PC, Fieger Fieger Kenney & Harrington PC, Deborah Gordon Law, Mueller Law Firm, Johnson Law PLC, and Flood Law PLLC. Defendants were represented by attorneys from Giarmarco Mullins & Horton PC.

Case Names and Numbers:
Franz et al. v. Oxford Community School District et al., Case No. 2:21-cv-12871
St. Juliana et al. v. Oxford Community School District et al., Case No. 2:22-cv-10805
Myre et al. v. Oxford Community School District et al., Case No. 2:22-cv-11113
Beausoleil v. Oxford Community School District et al., Case No. 2:22-cv-11250
Ossege v. Oxford Community School District et al., Case No. 2:22-cv-11251
Watson et al. v. Oxford Community School District et al., Case No. 2:22-cv-11959

All cases are filed in the U.S. District Court for the Eastern District of Michigan.