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Parents of slain student file claim against AU.

Posted on 1/23/14 at 4:22 pm
Posted by NBamaAlum
Soul Patrolville
Member since Jan 2009
27604 posts
Posted on 1/23/14 at 4:22 pm
Posted by DMagic
#ChowderPosse
Member since Aug 2010
46360 posts
Posted on 1/23/14 at 4:30 pm to
God damn what a nightmare
Posted by Rig
BHM
Member since Aug 2011
41856 posts
Posted on 1/23/14 at 4:54 pm to
Terrible and tragic but I don't see them winning this argument
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 1/23/14 at 4:54 pm to
Wow, not sure if a money grab or what. I remember campus police and when they changed. Pretty much no difference except regular police had more power and means of enforcement.

Eta. I believe marines 4 auburn(not sure if that's correct) on here was also good friends with this girl.
This post was edited on 1/23/14 at 4:56 pm
Posted by WestCoastAg
Member since Oct 2012
144953 posts
Posted on 1/23/14 at 4:55 pm to
Damn that's rough
Posted by Rig
BHM
Member since Aug 2011
41856 posts
Posted on 1/23/14 at 4:56 pm to
quote:

Wow, not sure if a money grab or what. I remember campus police and when they changed. Pretty much no difference except regular police had more power and means of enforcement.
Yep. There's still a police presence on campus and they're more threatening than a campus police department
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 1/23/14 at 5:04 pm to
Definite money grab. No way to prove that an on campus force could have prevented that. Only way to prevent this kind of stuff is to go big brother.
Posted by The Nino
Member since Jan 2010
21519 posts
Posted on 1/23/14 at 5:09 pm to
quote:

I believe marines 4 auburn(not sure if that's correct) on here was also good friends with this girl.
Yeah I think he knew her
Posted by samson73103
Krypton
Member since Nov 2008
8097 posts
Posted on 1/23/14 at 10:50 pm to
Glad the perp received capital punishment. He's a walking endorsement of why the death penalty is necessary and quite frankly, should be used much more often than it is.
Posted by dawgsjw
Member since Dec 2012
2114 posts
Posted on 1/24/14 at 12:27 am to
Not really sure how police coulda stopped this, other than it happening right in front of their faces. Crimes are still committed with police presence around. Its just going to open other cases where the regular security isn't enough and require cops to be there, if this lawsuit wins.
Posted by parkjas2001
Gustav Fan Club: Consigliere
Member since Feb 2010
45000 posts
Posted on 1/24/14 at 11:14 am to
How fricking stupid. fricking rich arse east cobb snobs think they can get cash from Auburn for nothing!

I hate ppl.
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 1/24/14 at 1:37 pm to
quote:

Wow, not sure if a money grab or what. I remember campus police and when they changed. Pretty much no difference except regular police had more power and means of enforcement.


The city PD probably had more means of enforcement, but in therms of authority campus PDs in Alabama are exactly the same as municipal ones.

This is a sad case, but it really reeks of a desperate money grab. The courts have consistently ruled that police departments have no duty to protect you as an individual and for that matter, there's no requirement that any city (or college) in Alabama have a PD. The only local LE mandated to exist is the county sheriff.

They have no chance at all of prevailing.
Posted by Prof
Member since Jun 2013
42604 posts
Posted on 1/24/14 at 1:48 pm to
quote:

How fricking stupid. fricking rich arse east cobb snobs think they can get cash from Auburn for nothing!

I hate ppl.



What?????

At any rate according to the article, they can't sue Auburn under Alabama law because the state of Alabama says you can't sue the state and claims that Auburn is a state entity that enjoys state immunity. They're essentially forced to beg the state board to side with them by asking the state board nicely. And if the state board agrees that the state should pay (which sounds like a rather impossible way of holding the state accountable) then the state not the school would be in charge of deciding what compensation if any should be paid or any other of number methods. This 'suit' is nothing more than a chance to ask the board/state to do something.

Now if this were in another state they might be suing the school. If it happened somewhere else that would certainly be the case but Alabama law is rather weird on this.

Regardless, I don't see how you can write off a parent losing a child as just trying to get cash for nothing. Their child was murdered. While I don't know that AUPD would've done any better and without a review of the facts don't know what if any compensation or actions the board should recommend, I also don't see why you're calling grieving parents rich snobs who are out to get money either.
Posted by boddagetta
Moulton
Member since Mar 2011
9999 posts
Posted on 1/24/14 at 1:58 pm to
quote:

Burk's parents told The Journal their claim is not about money


bullshite
Posted by Nimbus2000
Member since Jun 2013
1250 posts
Posted on 1/24/14 at 2:44 pm to
so in the event that Alabama, Auburn or any state institution was guilty in a legit case for monetary damage.... the tax payers money pays for it, not the university? wtf?
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 1/24/14 at 2:45 pm to
quote:

Now if this were in another state they might be suing the school. If it happened somewhere else that would certainly be the case but Alabama law is rather weird on this.


Negative ghostrider.

Every single state has legislation establishing some level of sovereign immunity

LINK

Quite a lot of those states do exactly the same as Alabama - which is set up a body to hear the claim and establish a cap on damages that can be paid.

Some states like Tennessee even extend that immunity down to the county level.

Posted by NorthGwinnettTiger
Member since Jun 2006
51802 posts
Posted on 1/24/14 at 2:59 pm to
Such a sad situation. I feel so bad for the family, and hope the Lauren Burk Memorial Scholarship lives forever. I just don't see how they can fault AU for this. Did the campus cops go away? Yes, but Auburn City cops took their place. It's not like the University was left to run like the Wild West.

Just not sure what the family is looking to get out of this, if it's not about money.
Posted by Nimbus2000
Member since Jun 2013
1250 posts
Posted on 1/24/14 at 3:06 pm to
they must have found something, a technicality that could fault the University. Technicalities are what laws are built on in our system.
Posted by parkjas2001
Gustav Fan Club: Consigliere
Member since Feb 2010
45000 posts
Posted on 1/24/14 at 3:13 pm to
quote:

I also don't see why you're calling grieving parents rich snobs who are out to get money either.


She went to Walton HS in Cobb Co, Ga. "East cobb snob" is a nickname for them.
Posted by Prof
Member since Jun 2013
42604 posts
Posted on 1/24/14 at 3:31 pm to
quote:



Negative ghostrider.

Every single state has legislation establishing some level of sovereign immunity

LINK

Quite a lot of those states do exactly the same as Alabama - which is set up a body to hear the claim and establish a cap on damages that can be paid.

Some states like Tennessee even extend that immunity down to the county level.



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.
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