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DERBY – A judge ruled March 10 that a lawsuit filed by a man stabbed on Derby school grounds cannot go forward because the city’s government and school district are protected by governmental immunity.
Melvin Mujica-Cruz was attacked and stabbed by two assailants after a Derby versus Emmett O’Brien basketball game at Derby High School on Feb. 14, 2022. Mujica-Cruz is an adult who was at the campus to watch his teen relative play for Derby.
Mujica-Cruz filed a civil lawsuit against the city and Derby Public Schools in January 2023 alleging the city and board of education were at fault for not having adequate security or police present as the crowd emptied the building and went into the parking lot.
However, lawyers for the school district and the city successfully argued that the governmental immunity doctrine applied to the case, and asked Superior Court Judge Barbara Bellis to grant a motion for summary judgement in the defendant’s favor.
A motion for summary judgement calls for an immediate ruling on a case given the facts as presented.
Governmental immunity is a complicated area of law that essentially prevents governments from drowning in personal injury lawsuits. It sets a high bar for lawsuits to move forward.
Generally, a government official or agency can’t be found negligent for actions if the governmental official is acting in a “discretionary” manner. That is, there isn’t a clear and obvious detailed statute or written policy dictating how an official should respond.
In her 10-page written ruling, Judge Bellis cites a number of previous court cases involving governmental immunity that weakened Mujica-Cruz’ case.
“In the context of governmental immunity, conduct relating to the supervision and security of premises or safety of individuals is generally considered discretionary,” the judge wrote, citing a 2021 court case out of the Town of Madison.
The immunity doctrine was invoked when courts ruled against two families whose children died in the Sandy Hook Elementary School mass shooting. Click here for a story.
There are exemptions to the governmental immunity doctrine, but the Derby case failed to meet them, Judge Bellis ruled.
She wrote that while Derby schools had general written policies cited by the plaintiff regarding issues such as “off school grounds misconduct,” those policies were directed toward students.
“Each of these policies governs the behavior of students, without imposing any specific duties upon the city or the (school) board,” according to the judge’s ruling.
Oral arguments on the defendant’s motion for summary judgement were held Jan. 27. Click here for a previous Valley Indy story.
