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re: Parents of slain student file claim against AU.

Posted on 1/24/14 at 3:32 pm to
Posted by Prof
Member since Jun 2013
42621 posts
Posted on 1/24/14 at 3:32 pm to
quote:

She went to Walton HS in Cobb Co, Ga. "East cobb snob" is a nickname for them.


Ok that makes a bit more sense. Thanks.
Posted by AUCatfish
How are yah now?
Member since Oct 2007
13995 posts
Posted on 1/24/14 at 3:47 pm to
I can't imagine the pain that must be involved losing a child, no matter the circumstances. That being said, I wonder what this will accomplish and how will it help this not happen again or help them get over their pain.
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 1/24/14 at 4:17 pm to
quote:

Limited immunity. Not anything close to the way Alabama does it. I promise you if this happened at UT then UT would be sued directly as it is every year for all kinds of cases.


Some cases aren't covered by sovereign immunity laws and Alabama is sued hundreds if not thousands of times a year too, but as to your claim that Alabama is somehow different well you're just plain wrong.

Source

In case you don't care to download the paper, I'll summarize for you. All of the states have some form of sovereign immunity. 36 have set damages caps and of those 36, 28 set damage caps equal or less than Alabama's cap of $1,000,000. Some (actually most) of them much lower - Arkansas is $12,500 and Connecticut is $7,500. 11 of the states have a board of adjustment/claims to hear the matter.

Sorry to bust your bubble.
Posted by Rig
BHM
Member since Aug 2011
41856 posts
Posted on 1/24/14 at 4:32 pm to
quote:

She went to Walton HS in Cobb Co, Ga. "East cobb snob" is a nickname for them.
Man who cares about that. I've met plenty of down to earth people that are graduates of Walton HS. The only people that give them a bad name are either the ones that are jealous of their success or the 5% that are actually jerks.

Stereotypes don't need to be hashed out or applied in a tragic situation. Nobody can blame the parents for doing what they think is best. They've been through hell b/c of this incident.
This post was edited on 1/24/14 at 4:33 pm
Posted by NorthGwinnettTiger
Member since Jun 2006
51819 posts
Posted on 1/24/14 at 6:46 pm to
I just don't understand how they think AU going from campus cops to city cops could have prevented this. It's not like cops weren't allowed on campus. Hell, they kept all the campus cops and just gave them new uniforms and black & white squad cars. It pissed off a bunch of Auburn City cops when they merged because the city cops lost a bunch of seniority.
Posted by Rig
BHM
Member since Aug 2011
41856 posts
Posted on 1/24/14 at 7:08 pm to
Yeah essentially nothing changed with the switch except saving money. Now if they argued for a larger police presence on campus then I could see their point
Posted by Prof
Member since Jun 2013
42621 posts
Posted on 1/24/14 at 11:29 pm to
quote:

In case you don't care to download the paper, I'll summarize for you. All of the states have some form of sovereign immunity. 36 have set damages caps and of those 36, 28 set damage caps equal or less than Alabama's cap of $1,000,000. Some (actually most) of them much lower - Arkansas is $12,500 and Connecticut is $7,500. 11 of the states have a board of adjustment/claims to hear the matter.


Yes all have sovereign immunity laws. I haven't argued otherwise.
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 1/25/14 at 9:09 am to
quote:

Yes all have sovereign immunity laws. I haven't argued otherwise.


No, what you argued was that Alabama had some type of unprecedent system of protecting the state, which simply is not true. Alabama law does two things - caps damages and sets up an alternative resolution method outside the court system. The facts I linked to prove that both systems are quite common, with 11 states having an alternative claims method and all but 14 having damage caps. In most cases, the states that set damage caps set it far lower than Alabama's $1,000,000 limit so even if you're allowed to sue you're limited in the award.
Posted by Prof
Member since Jun 2013
42621 posts
Posted on 1/25/14 at 9:54 am to
quote:

No, what you argued was that Alabama had some type of unprecedent system of protecting the state, which simply is not true. Alabama law does two things - caps damages and sets up an alternative resolution method outside the court system. The facts I linked to prove that both systems are quite common, with 11 states having an alternative claims method and all but 14 having damage caps. In most cases, the states that set damage caps set it far lower than Alabama's $1,000,000 limit so even if you're allowed to sue you're limited in the award.


In most states this wouldn't a sovereign immunity case at all. This would be a direct lawsuit. You're arguing over a concept that I don't dispute exists. A lot of states also have their own quirks and oddities in the way they handle laws, I'm not sure why you find that offensive. Louisiana for example is funky as hell compared to others.
This post was edited on 1/25/14 at 9:57 am
Posted by CatFan81
Decatur, GA
Member since May 2009
47188 posts
Posted on 1/25/14 at 11:15 am to
Money grab.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
98947 posts
Posted on 1/25/14 at 11:23 am to
quote:

The Journal reports Burk's family believes Auburn might have prevented the crime had the school had a campus police department and that the university failed to follow federal security recommendations.

The university has relied upon Auburn city police to patrol its campus since the school dissolved its campus police force in the 2000s as a cost-saving measure, according to The Journal.


Hell, give me city police. It'd save some University money since about all Campus Police are good for is to write tickets.
Posted by Fishwater
Carcosa
Member since Aug 2010
5826 posts
Posted on 1/25/14 at 7:03 pm to
Damn, she was hot. Sad story.
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