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State Supreme Court Throws Out Courthouse Shooting Suit Against L.A. County
A unanimous court found that the county had not contributed to a dangerous situation for Eileen Zelig, who was shot to death by her ex-husband in the downtown courthouse. The court ruled public entities in general are not liable for failing to protect individuals against crime.
(KFWB/AP) 5.20.02, 5:52p - - The state Supreme Court has thrown out a wrongful death and negligence lawsuit brought against Los Angeles County on behalf of the family of a woman shot to death by her ex-husband in the downtown courthouse. The high court ruled counties and sheriff's departments cannot be sued by victims of violence that happens inside courthouses.
Eileen Zelig was shot by ex-husband Harry Zelig in 1995 after a hearing at the County Courthouse related to the couple's divorce. The lawsuit, naming the couple's two children as plaintiffs, alleged that the county was negligent in failing to install weapons screening technology prior to the shooting. Metal detectors and X-ray machines were installed in 1999.
[b]The unanimous court ruled Monday that public entities in general are not liable for failing to protect individuals against crime. It said allowing such lawsuits could expose government agencies to liability on many of their properties.[/b]
"The rule embraced by that court could impose liability for failure to protect persons from third-party crime at any public facility where passions run high, from a crowded office of the Department of Motor Vehicles, to the offices of a child protective services agency," Chief Justice Ronald M. George wrote.
Two years ago, a man shot a woman he was accused of sexually assaulting and then killed himself in a Yreka courthouse hallway. In January, a father who may have been despondent about a court ruling on overdue child support killed himself at the entrance of the downtown San Diego County courthouse. Harry Zelig was convicted of first-degree murder in February 1997 and was sentenced to 29 years to life in prison.
Local governments anxiously awaited Monday's decision, fearing the Supreme Court could open a Pandora's box of liability if it sided with the appeals court.
"The implications were very scary from the point of view from what potentially could be the scope of liability for municipalities," said attorney Steven J. Renick, who argued the case on behalf of Los Angeles County. "If you basically say anything the government touches creates potential liability, they are going to be liable for everything."
Feminist groups decried the ruling, saying women who use the courts for family law matters -- such as divorce, child custody and restraining orders -- are in danger.
"These women are required to go to the courthouse, and this is the only time they'll see their abuser," said LeAnna Gutierrez, an attorney with the California Women's Law Center. "They're required to face the abuser and the state has no actual duty to protect them while they're there."
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