Jules Olsman Explains Why Governmental Immunity May Not Apply to the Oxford High Security Guard

Security Guard Who Failed to Act in the Oxford High School Shooting Added to Lawsuit – Attorney Jules Olsman Explains Why Governmental Immunity May Not Apply

On November 20, 2021, four Michigan students were senselessly murdered by accused school shooter, Ethan Crumbley. Upon review of surveillance video, investigators discovered that armed security guard, Kimberly Potts, walked past one of the bloodied students but failed to act, allegedly believing the shooting was a drill. Had Potts acted, the lives of several of the young victims may have been saved.

Governmental immunity (also referred to as sovereign immunity) is a legal defense that generally protects government entities – including public schools and their employees – from being sued for negligence. The law would typically shelter Potts from legal liability, as she was acting in her official governmental capacity during the shooting. However, Michigan law has several exceptions that can circumvent this immunity, piercing these protections.[1] Believing that such an exception may exist, a judge recently approved a motion to add Potts to a lawsuit filed on behalf of the Oxford High School shooting victims.

Jules Olsman explained to Fox 2 Detroit how these exceptions could change the landscape of this case by potentially opening up government employees, including Potts, to substantial liability. CLICK HERE to watch the full interview.

[1] MCL 691 § 691.1407.