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Attorney argues Oxford Community Schools protected by 'qualified immunity'

Oxford High School
Posted at 11:24 AM, Dec 16, 2021
and last updated 2021-12-16 11:50:21-05

(WXYZ) — An attorney for Oxford Community Schools is arguing that the district is protected by "qualified immunity" in a recent federal motion filed in connection to a $100 million lawsuit brought by Geoffrey Fieger following the deadly shooting at Oxford High School on Nov. 30.

Two suits were filed in state and federal court on behalf of two students: high school senior Riley Franz who was shot in the neck during the mass shooting last week and her freshman sister Bella, who witnessed it.

According to the recently filed motion that requests dismissal of Fieger's ex parte motion, an attorney representing the district says the plaintiffs failed to prove good cause for their request of expedited discovery and that the defendants are protected from liability. That qualified immunity, the attorney argues, makes discovery “improper” at this stage. The attorney also argues that Fieger and his team are asking for “highly confidential information” that might interfere with the current work of the prosecutor's office.

Related: Should qualified immunity continue to protect law enforcement? Debate rages on in Michigan

The motion goes on to address Fieger's accusations about evidence being destroyed, saying Fieger has not produced any evidence indicating that was the case.

The attorney blasted Fieger in the motion, claiming he’s trying to accelerate the litigation process as a “publicity stunt.”

U.S. District Judge Mark A. Goldsmith will decide whether the defendants are protected by qualified immunity.

Read the full motion below:

Oxford HS Response to Motion - Qualified Immunity Mention by WXYZ-TV Channel 7 Detroit on Scribd