Filing # 87739822 E-Filed 04/10/2019 09:34:19 AM
IN THE CIRCUIT COURT FOR THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
ASHLEY MARIE BAEZ, a minor, by and through her Parents and Natural Guardians, KATHERINE BAEZ and JUAN DAVID BAEZ;
Plaintiffs, v. THE SCHOOL BOARD OF BROWARD COUNTY; the BROWARD SHERIFF’S OFFICE; SCOT PETERSON; ANDREW MEDINA; and HENDERSON BEHAVIORAL HEALTH INC.
Defendants. _______________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiffs, ASHLEY MARIE BAEZ, a minor, by and through her Parents and Natural
Guardians, KATHERINE BAEZ and JUAN DAVID BAEZ, by and through undersigned
counsel, in accordance with the Florida Rules of Civil Procedure, hereby files this complaint
against Defendants, THE SCHOOL BOARD OF BROWARD COUNTY, the BROWARD
SHERIFF’S OFFICE, SCOT PETERSON, ANDREW MEDINA, and HENDERSON
BEHAVIORAL HEALTH INC. As grounds therefore, Plaintiffs state:
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Allegations as to all counts
1. This is a civil action arising out of a school shooting which occurred on Valentine’s Day
(February 14, 2018) at Marjorie Stoneman Douglas High School in Parkland, Florida.
2. On Valentine’s Day NIKOLAS CRUZ shot and killed seventeen students and teachers, injuring
ASHLEY MARIE BAEZ.
3. This is an action for damages in excess of $15,000.00 exclusive of interest, costs and
attorney’s fees.
4. Plaintiffs KATHERINE BAEZ and JUAN DAVID BAEZ are the natural parents and
guardians of their daughter, ASHLEY MARIE BAEZ, who was injured at Marjorie
Stoneman Douglas High School in Parkland, Florida, on February 14, 2018.
5. KATHERINE BAEZ and JUAN DAVID BAEZ are also Florida residents, residing in
BROWARD County.
6. At all times material hereto, ASHLEY MARIE BAEZ was an invitee and student under the
direct guidance, supervision, control and instruction of the Defendant, THE SCHOOL
BOARD OF BROWARD COUNTY, and/or its agents, servants, and/or employees at
Marjorie Stoneman Douglas High School located in Parkland, Broward County, Florida.
7. Plaintiffs have complied with the presuit notice requirements of Florida Statute 768.28 and
all applicable subparts thereto.
8. On or about February 14, 2018, shortly after 2:20PM, ASHLEY MARIE BAEZ was
intentionally and criminally shot by a certain Nikolas Cruz, within the confines of Marjorie
Stoneman Douglas High, and suffered bodily injury.
9. All conditions precedent to the bringing of this action have been complied with or waived.
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3 Venue 10. The incident complained of occurred in Broward County, Florida.
11. Venue is proper in Broward County, Florida.
COUNT I NEGLIGENCE CLAIM AGAINST DEFENDANT THE SCHOOL BOARD OF BROWARD COUNTY
12. Plaintiffs readopt and re-allege all prior allegations contained in Paragraphs 1-11.
13. THE SCHOOL BOARD OF BROWARD COUNTY (“SBBC”) is a political subdivision of
the STATE OF FLORIDA. SBBC is the division of the County government responsible for
the operation, management, budgeting, and all other aspects of the Broward County Public
School System, including Marjorie Stoneman Douglas High School.
14. At all times material, Defendant SBBC, through its agents and employees including Co-
Defendant ANDREW MEDINA, owed a duty to its students, employees, licensees, and
invitees, to exercise reasonable and ordinary care to maintain its premises, including Marjorie
Stoneman Douglas High School, in a condition reasonably safe for use by its students,
employees, licensees, and invitees, including ASHLEY MARIE BAEZ. In particular,
Defendant had a duty to take such precautions as were reasonably necessary to protect its
students, licensees, and invitees, including ASHLEY MARIE BAEZ, from reasonably
foreseeable criminal attacks on the premises.
15. At all times material, Defendant SBBC was aware, or should have been aware, of numerous
acts of violence or threats of violence by Nikolas Cruz against other persons within the
Broward County school system and others. In the days, weeks, months and years preceding
the subject incident, while Mr. Cruz was (putatively) under various levels of disciplinary
control by the Defendant SBBC, Mr. Cruz openly expressed a fascination with firearms
and/or other weapons capable of inflicting serious bodily injury or death. Such threats made
by Nikolas Cruz included, but are not limited to a specific threat to “shoot up the school” in
February 2016. This information was provided to Defendant SBBC viz. its school resource
officer, Co-Defendant and Broward Sherriff Office Deputy SCOT PETERSON.
16. Despite the long history of Nikolas Cruz’s threats, of which the Defendant was or should
have been seriously concerned, Defendant SBBC failed to take reasonable measures to
address the foreseeable risk that Nikolas Cruz posed to invitees upon the subject premises,
including ASHLEY MARIE BAEZ.
17. At all times material, Defendant SBBC, through its agents and employees, knew or in the
exercise of reasonable care should have known that there had been numerous criminal acts
and attacks perpetrated on students and employees at numerous high schools, middle schools,
and other schools throughout the State of Florida and the United States, and that further
criminal acts and attacks were reasonably likely to be perpetrated on the Defendant’s
students, employees, licensees, and invitees unless the Defendant took reasonable steps to
provide proper security for such individuals.
18. The Defendant SBBC, through its agents and employees, was in an exclusively superior
position to students such as ASHLEY MARIE BAEZ, to take the measures necessary to
provide for security on school premises.
19. At the above mentioned time and place, Defendant, SBBC, by and through its agents and
employees, breached its duty to exercise ordinary and reasonable care for the safety and
protection of the students, employees, licensees, and invitees, including ASHLEY MARIE
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BAEZ, through the following acts of omission or commission:
a. Failing to provide adequate security for its students, employees, licensees, and
invitees, including ASHLEY MARIE BAEZ;
b. Failing to warn its students, parents of students, employees, licensees, and invitees,
including ASHLEY MARIE BAEZ, of the nature and character of the threat posed by
Nikolas Cruz, when it knew or in the exercise of reasonable care should have known
that Nikolas Cruz had a significant history of making threats of violence, including
threats of violence involving the use of firearms, at school;
c. Failing to adequately police, patrol, guard, deter, and otherwise provide reasonable
protection for its students, employees, licensees, and invitees, when Defendant knew
or should have known of foreseeable criminal acts;
d. Failing to reasonably hire and/or retain and/or supervise adequate security personnel
to patrol and/or monitor the premises of Marjorie Stoneman Douglas High School,
thereby protecting its students, employees, licensees, and invitees, including
ASHLEY MARIE BAEZ;
e. Failing to have proper procedures in place for hiring, training, and/or supervising
school resource officers, monitors, police officers or other staff responsible for school
security;
f. Failing to have a sufficient number of security guards in visible areas to deter crime,
thereby protecting its students, employees, licensees, and invitees, including
ASHLEY MARIE BAEZ;
g. Failing to have adequate mechanisms for security personnel, staff, employees,
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students and others within the school community to report real threats or other
security concerns against themselves or others;
h. Failing to properly train employees, administrators, guards and/or other employees to
adequately supervise the campus in such a way that would prevent acts of violence;
i. Failing to implement or follow adequate security policies, security measures, and
security procedures necessary to protect ASHLEY MARIE BAEZ and other
students, employees, licensees, and invitees;
j. Failing to take additional security measures after being put on notice that the security
measures in force were inadequate;
k. Failing to adequately provide an overall security plan that would meet the known
industry standards and customs for safety in schools;
l. Failing to adequately screen or monitor those entering the premises for the possession
of weapons;
m. Failing to implement reasonable crime prevention through environmental design
concepts which would have hardened Marjorie Stoneman Douglas High School
against foreseeable violent crime such as the subject incident;
n. Acting or failing to act consistently with the relevant policies, procedures, guidelines
and training relating to the protection of human life that were in effect at the time of
the shooting.
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20. As a direct and proximate result of the negligence of Defendant SBBC, ASHLEY MARIE
BAEZ suffered bodily harm on February 14, 2018 from an assault and battery on the subject
school premises which caused her injuries, resulting in the following damages:
a. Severe mental distress and anguish;
b. Permanent bodily injury;
c. Permanent pain and suffering;
d. Disability and disfigurement;
e. Loss of capacity for the enjoyment of life;
f. Medical and other health care related expenses;
g. Hospital expenses;
h. Rehabilitation expenses;
i. Loss of wage-earning capacity; and
j. Aggravation of a previously existing condition.
WHEREFORE, the Plaintiffs sue the Defendant, SBBC, and demand judgment against the
Defendant for all damages recoverable under the laws of Florida and further demands a trial by jury
on all issues so triable as of right by a jury. COUNT II
NEGLIGENCE CLAIM AGAINST DEFENDANT BROWARD SHERIFF’S OFFICE
21. Plaintiffs readopt and re-allege all prior allegations contained in Paragraphs 1-11.
22. BROWARD SHERIFF’S OFFICE (Hereinafter “BSO”) is a political subdivision of the
STATE OF FLORIDA. BSO is a licensed Florida law enforcement agency with jurisdiction
that includes Marjorie Stoneman Douglas High School.
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23. On February 14, 2018, Defendant BSO undertook to respond to reports of shots fired at
Marjorie Stoneman Douglas High School. BSO officers and agents, including Co-Defendant
SCOT PETERSON, were performing an operational-level function as the shooting unfolded,
which involved the activation of a preexisting BSO policy relating to active shooter
situations. One of the longstanding requirements upon which students, faculty and staff are
trained, is to shelter in place under a “lockdown,” and wait for law enforcement to clear the
scene. The BSO policy on active shooter situations in schools mandates that officers’ first
priority is to stop the killing. Officers must go directly to the sounds of the gunfire and
attempt to neutralize the attacker. These BSO operational mandates did not involve the
exercise of any type of quasi-legislative discretion.
24. At all times material, BSO negligently implemented its policies and procedures by failing to
immediately enter, locate, and neutralize Nikolas Cruz, the shooter who injured ASHLEY
MARIE BAEZ and 16 other students on February 14, 2017, when it had the capability to
carry out this operational mandate to an active shooter situation. BSO placed employees,
staff, and students, including ASHLEY MARIE BAEZ, in a foreseeable, highly vulnerable
zone of risk by failing to follow the aforementioned policy, and by instead, waiting outside
the school for an inordinate amount of time as the shots rang out inside the school.
25. This failure increased the risk of harm to ASHLEY MARIE BAEZ by inducing the victims
of the mass shooting, who would have otherwise exercised self-help or taken other steps to
protect themselves to forebear from doing so, which caused or contributed substantially to
the injuries to ASHLEY MARIE BAEZ and others.
26. As a result of BSO’s failure to act in a manner consistent with the safety of everyone in the
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school, including ASHLEY MARIE BAEZ, Nikolas Cruz was able to carry out a prolonged
murderous attack within Marjorie Stoneman Douglas High School, which resulted in the
injuries of ASHLEY MARIE BAEZ and his classmates.
27. As a direct and proximate result of the negligence of Defendant BSO, ASHLEY MARIE
BAEZ suffered bodily harm on February 14, 2018 from an assault and battery on the subject
school premises which caused her injuries, resulting in the following damages:
a. Severe mental distress and anguish;
b. Permanent bodily injury;
c. Permanent pain and suffering;
d. Disability and disfigurement;
e. Loss of capacity for the enjoyment of life;
f. Medical and other health care related expenses;
g. Hospital expenses;
h. Rehabilitation expenses;
i. Loss of wage-earning capacity; and
j. Aggravation of a previously existing condition.
WHEREFORE, the Plaintiffs sue the Defendant, BSO, and demand judgment against the
Defendant for all damages recoverable under the laws of Florida and further demands a trial by jury
on all issues so triable as of right by a jury. COUNT III
WILLFUL AND WANTON NEGLIGENCE CLAIM AGAINST DEFENDANT SCOT PETERSON
28. Plaintiffs readopt and re-allege all prior allegations contained in Paragraphs 1-11.
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29. At all times material, SCOT PETERSON was a sworn law enforcement officer with
BROWARD COUNTY SHERIFF’S DEPARTMENT, and was a School Resource Officer
(“SRO”) at Marjorie Stoneman Douglas High School.
30. At all times material, SCOT PETERSON’s duties as SRO at Marjorie Stoneman Douglas
High School included, inter alia, performing law enforcement functions within the school
setting, and providing assistance to THE SCHOOL BOARD OF BROWARD COUNTY in
protecting and securing the school plant and its occupants.
31. On February 14, 2018, Defendant SCOT PETERSON undertook to respond to reports of
shots fired at Marjorie Stoneman Douglas High School. SCOT PETERSON was performing
an operational-level function as the shooting unfolded, which involved the activation of a
preexisting BSO policy relating to active shooter situations. One of the longstanding
requirements upon which students, faculty and staff are trained, is to shelter in place under a
“lockdown,” and wait for law enforcement to clear the scene. The BSO policy on active
shooter situations in schools mandates that officers’ first priority is to stop the killing.
Officers must go directly to the sounds of the gunfire and attempt to neutralize the attacker.
These BSO operational mandates did not involve the exercise of any type of quasi-legislative
discretion.
32. At all times material, SCOT PETERSON wantonly and willfully disregarded BSO policies
and procedures by not immediately entering or attempting to enter the high school for the
purpose of locating and neutralizing Nikolas Cruz, the shooter who injured ASHLEY
MARIE BAEZ and 16 other students on February 14, 2017, when he had the duty and
capability to carry out this operational mandate in an active shooter situation. SCOT
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PETERSON wantonly and willfully placed employees, staff, and students, including
ASHLEY MARIE BAEZ, in a foreseeable, highly vulnerable zone of risk by wantonly and
willfully failing to follow the aforementioned policy, and by instead, waiting outside the
school for an inordinate amount of time as the shots rang out inside the school.
33. SCOT PETERSON’s actions (and inactions) increased the risk of harm to ASHLEY MARIE
BAEZ by inducing the victims of the mass shooting, who would have otherwise exercised
self-help or taken other steps to protect themselves to forebear from doing so, which caused
or contributed substantially to the injuries of ASHLEY MARIE BAEZ and others. Further,
SCOT PETERSON, in a manner exhibiting bad faith and extraordinary recklessness,
wantonly and willfully ordered via radio transmission a lockdown of the school which
precluded students from leaving (while he failed to enter as required by procedure), while
almost simultaneously, ordering other responding officers to not even approach the situs of
the shooting, much less enter as established BSO policy required, thus prolonging the killing
spree that continued inside. These commands, individually and collectively, were a gross
departure from BSO operating procedures in response to active shooter situations such as
this.
34. On numerous occasions prior to February 14, 2018, SCOT PETERSON further wantonly and
willfully failed to investigate or share relevant information of which he was aware regarding
the dangerousness of Nikolas Cruz with appropriate agencies and authorities that were in a
superior position to take prophylactic measures to guard against the threat Nikolas Cruz
posed to the entire school community, including ASHLEY MARIE BAEZ and his
classmates.
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35. As a result of SCOT PETERSON’s deliberate failures to act in a manner consistent with the
safety of everyone in the school, including ASHLEY MARIE BAEZ, Nikolas Cruz was able
to carry out a prolonged murderous attack within Marjorie Stoneman Douglas High School,
which resulted in the injuries of ASHLEY MARIE BAEZ and her classmates and teachers.
36. Defendant, SCOT PETERSON’s acts and omissions, as set forth herein, were committed in
bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
37. As a direct and proximate result of the negligence of Defendant SCOT PETERSON,
ASHLEY MARIE BAEZ suffered bodily harm on February 14, 2018 from an assault and
battery on the subject school premises which caused her injuries, resulting in the following
damages:
a. Severe mental distress and anguish;
b. Permanent bodily injury;
c. Permanent pain and suffering;
d. Disability and disfigurement;
e. Loss of capacity for the enjoyment of life;
f. Medical and other health care related expenses;
g. Hospital expenses;
h. Rehabilitation expenses;
i. Loss of wage-earning capacity; and
j. Aggravation of a previously existing condition.
WHEREFORE, the Plaintiffs sue the Defendant, SCOT PETERSON, and demand judgment
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against the Defendant for all damages recoverable under the laws of Florida and further demands a
trial by jury on all issues so triable as of right by a jury.
COUNT IV WILLFUL AND WANTON NEGLIGENCE CLAIM AGAINST DEFENDANT ANDREW MEDINA
38. Plaintiffs readopt and re-allege all prior allegations contained in Paragraphs 1-11.
39. At all times material, ADNREW MEDINA was an employee, a campus monitor and baseball
coach, with THE SCHOOL BOARD OF BROWARD COUNTY assigned to Marjorie
Stoneman Douglas High School.
40. At all times material, ANDREW MEDINA’s duties as a school monitor at Marjorie
Stoneman Douglas High School included providing assistance to THE SCHOOL BOARD
OF BROWARD COUNTY in protecting and securing the school and its occupants.
41. On February 14, 2018, Defendant, ANDREW MEDINA, was the first person at Marjorie
Stoneman Douglas High School to see the shooter, NIKOLAS CRUZ. Defendant,
MEDINA, immediately recognized the shooter to be “the crazy boy” who was previously
expelled from the school campus.
42. Defendant, MEDINA saw NIKOLAS CRUZ get out of the Uber car carrying the large, black
bag and walk, in MEDINA’S words, “south of Holmberg ... on the [MSD] campus through
the bike rack gate.... He’s bee-lining. He’s got his head down. He’s on a mission.... He’s
walking with a purpose.” MEDINA looped around in his golf cart to follow NIKOLAS
CRUZ. MEDINA saw that NIKOLAS CRUZ was heading to Building 12. MEDINA called
the security guard/fellow coach David Taylor on the school radio and warned Taylor “got a
suspicious subject on campus. Got a black bag in his hands. Keep your eyes open because I
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think he’s going into your building. So...be careful.
43. When Medina first “heard the shots, he told [SCOT PETERSON]” – presumably over the
school radio – “there’s some crazy shots going on,” according to MEDINA. MEDINA
heard, he said, “at least 15 bangs....And it was loud. Like, you could kind of feel the
percussion coming out of that building, the echo coming out of the doors of the building. It
was ... loud. It was kind of... surreal to really hear.” MEDINA remarked that, “when I’m
coming to get [SCOT PETERSON], [SCOT PETERSON is] already walking out of the thing
like ready to come down. So I pick [SCOT PETERSON] up on my golf cart and then
somebody yells on the radio, ‘oh, it sounds like fireworks.’ And somebody said, ‘those ain’t
fireworks.’ And once we get to ... the front by the building [12] we heard the shots again.
Pop, pop, pop. That’s when [SCOT PETERSON] was like, ‘get out of here.’ And he
jumped off and he ran to his own way and he told me ‘just to go back to the front of the
school.’” MEDINA adds that “when [SCOT PETERSON] heard the shots, that’s when he
was like, ‘we got a shooter on...campus....’”
44. Defendant, MEDINA, did not follow one of the longstanding requirements upon which
students, faculty and staff are trained to call a “Code Red” when there is suspicious activity,
including hearing gun-shots fired.
45. Defendant, MEDINA, owed a duty to all the students, faculty, and staff at Marjorie
Stoneman Douglas, including but not limited to ASHLEY MARIE BAEZ, to monitor the
campus for dangerous and unusual activity, to alert the appropriate authorities when a
dangerous or unusual activity occurs, and to call a “Code Red” alarm when appropriate.
46. MEDINA breached this duty and his failure increased the risk of harm to ASHLEY MARIE
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BAEZ by inducing the victims of the mass shooting, who would have otherwise exercised
self-help or taken other steps to protect themselves to forebear from doing so, which caused
or contributed substantially to the injuries of ASHLEY MARIE BAEZ and others.
47. At all times material, ANDREW MEDINA wantonly and willfully disregarded THE
SCHOOL BOARD OF BROWARD COUNTY policies and procedures by not immediately
calling a “Code Red” when he had the duty and capability to carry out this operational
mandate in an active shooter situation. ANDREW MEDINA wantonly and willfully placed
employees, staff, and students, including ASHLEY MARIE BAEZ, in a foreseeable, highly
vulnerable zone of risk by wantonly and willfully failing to follow the aforementioned policy,
and by instead, waiting outside the school for an inordinate amount of time as the shots rang
out inside the school.
48. ANDREW MEDINA actions (and inactions) increased the risk of harm to ASHLEY MARIE
BAEZ by inducing the victims of the mass shooting, who would have otherwise exercised
self-help or taken other steps to protect themselves to forebear from doing so, which caused
or contributed substantially to the injuries of ASHLEY MARIE BAEZ and others.
49. As a result of ANDREW MEDINA’s deliberate failures to act in a manner consistent with
the safety of everyone in the school, including ASHLEY MARIE BAEZ, Nikolas Cruz was
able to carry out a prolonged murderous attack within Marjorie Stoneman Douglas High
School, which resulted in the injuries of ASHLEY MARIE BAEZ and her classmates and
teachers.
50. Defendant, MEDINA’s acts and omissions, as set forth herein, were committed in bad faith
or with malicious purpose or in a manner exhibiting wanton and willful disregard of human
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rights, safety, or property.
51. As a direct and proximate result of the negligence of Defendant MEDINA, ASHLEY
MARIE BAEZ suffered bodily harm on February 14, 2018 from an assault and battery on the
subject school premises which caused her injuries, resulting in the following damages:
a. Severe mental distress and anguish;
b. Permanent bodily injury;
c. Permanent pain and suffering;
d. Disability and disfigurement;
e. Loss of capacity for the enjoyment of life;
f. Medical and other health care related expenses;
g. Hospital expenses;
h. Rehabilitation expenses;
i. Loss of wage-earning capacity; and
j. Aggravation of a previously existing condition.
WHEREFORE, the Plaintiffs sue the Defendant, ANDREW MEDINA, and demand
judgment against the Defendant for all damages recoverable under the laws of Florida and further
demands a trial by jury on all issues so triable as of right by a jury.
COUNT V NEGLIGENCE CLAIM AGAINST HENDERSON BEHAVIORAL HEALTH INC.
52. Plaintiffs readopts and re-alleges all prior allegations contained in Paragraphs 1-11.
53. Defendant, HENDERSON BEHAVIORAL HEALTH, INC., (hereafter “HENDERSON”) is
a Florida not for profit corporation that was at all times material hereto licensed to do and
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doing business in Broward County, Florida, the mission of which includes providing
healthcare, housing, and hope for 30,000 persons of all ages with behavioral health
conditions in Florida through care, supported employment, advocacy, and housing.
54. HENDERSON, its employees, agents, independent contractors and/or counselors, therapists,
case managers, and mental health personnel had interactions either with CRUZ and/or his
mother on the following occasions, including but not limited to: October 6, 2009, October 8,
2009, October 16, 2009, December 3, 2009, March 9, 2010, January 15, 2013, April 15,
2013, May 2, 2013, May 10, 2013, May 21, 2013, May 22, 2013, June 4, 2013, June 26,
2014, July 3, 2013, September 19, 2013, October 19, 2013, October 29, 2013, November 1,
2013, November 5, 2013, February 18, 2014, February 19, 2014, February 26, 2014, March
20, 2014, April 11, 2014, April 11, 2014, April 11, 2014, April 15, 2014, May 9, 2014, May
20, 2014, June 10, 2014, June 24, 2014, July 1, 2014, July 7, 2014, August 27, 2014,
September 8, 2014, September 9, 2014, September 22, 2014, November 5, 2014, December
10, 2014, December 23, 2014, December 17, 2014, December 23, 2014, February 12, 2015,
March 9, 2015, April 2, 2015, June 23, 2015, August 11, 2015, August 18, 2015, January
2016, February 5, 2016, September 23, 2016, September 28, 2016, September 29, 2016,
October 26, 2016, November 8, 2016, November 22, 2016, December 20, 2016, and
December 27, 2016.
55. CRUZ received behavioral healthcare services through a variety of HENDERSON’s
programs, including but not limited to: Family Counseling Enhancement Program (“FCE”),
Youth General Case Management (“YGCM”), Wrap Around Case Management (“WACM”),
Family Intervention Team Program (“FIT”), Responding Effectively to Adolescents and
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Children in Home and Crisis Services (“REACH”), Youth and Family Services (“YFS”),
Families Involved Together (“FIT”) and Youth Emergency Services Team (“YES”).
56. HENDERSON first began providing behavioral healthcare services to CRUZ in October of
2009 when CRUZ was just eleven years old and in the 4th grade at Coral Springs Elementary.
57. CRUZ was also evaluated by a counselor with HENDERSON in January 2013 where the
counselor determined that he did not warrant hospitalization for mental health evaluation.
He was sent to HENDERSON after an incident where he threw his mother against a wall
because she took an X-box video game away from him.
58. HENDERSON further provided care for CRUZ on September 28, 2016 after a student
reported to SRO Deputy SCOT PETERSON that CRUZ, while depressed, had cut himself
and ingested gasoline in an attempt to kill himself. The student further stated that CRUZ
wanted to buy a gun for hunting, had drawn a swastika on his backpack next to the words “I
hate n-----s”.
59. On that occasion, counselors from HENDERSON advised police that NIKOLAS CRUZ
“was not a risk to harm himself or anyone else” because he was on a treatment plan for
ADHD, depression, and autism.
60. HENDERSON owed a duty to the students, faculty, and staff at Marjorie Stoneman Douglas,
including ASHLEY MARIE BAEZ, to properly care for, treat, and evaluate CRUZ.
61. The Florida Mental Health Act of 1971 (commonly referred to as the “Baker Act”) allows for
the involuntary and temporary institutionalization and examination of an individual for up to
72 hours. It can be initiated by judges, law enforcement officials, physicians or mental health
professionals. HENDERSON had at least three opportunities to “Baker Act” CRUZ and thus
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render him unable to legally purchase the gun he used in the tragedy, but HENDERSON
failed to do so each time.
62. Throughout HENDERSON’s provision of behavioral health services to CRUZ,
HENDERSON failed to effectively treat CRUZ for depression and in fact provided treatment
to CRUZ which exacerbated and fueled his depression, and substantially contributed to
causing his violent tendencies and behavior, inclusive of his mass shooting at MSDHS.
63. Throughout HENDERSON’s provision of behavioral health services to CRUZ,
HENDERSON failed to diagnose CRUZ with antisocial personality disorder (psychopathy),
dissocial personality disorder (sociopathy) and/or conduct disorder, and thus failed to treat
CRUZ’s psychopathy, sociopathy and/or conduct disorder.
64. Throughout HENDERSON’s provision of behavioral health services to CRUZ,
HENDERSON recorded CRUZ’s medication regimen for the purposes of medication
management and failed to properly coordinate and supervise the medicinal care of CRUZ.
65. HENDERSON knew or should have known that CRUZ was depressed and suffered from
antisocial personality disorder (psychopathy), dissocial personality disorder (sociopathy),
and/or conduct disorder, that their provision of services were making things worse, and that
CRUZ posed a risk of harm to the students, teachers and administrators of MSDHS given the
circumstances, including his conditions and violent tendencies and behavior.
66. HENDERSON failed to warn the students, teachers and administrators of MSDHS that
CRUZ posed a risk of harm to them.
67. HENDERSON further failed to properly inform SBBC and school officials regarding
CRUZ, or participated with SBBC and school officials in the improper mainstreaming of
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CRUZ into MSDHS, which led to CRUZ being improperly transferred to MSDHS – a school
that he could not handle and for which he was not suitable.
68. As a direct and proximate result of the negligence of Defendant HENDERSON, ASHLEY
MARIE BAEZ suffered bodily harm on February 14, 2018 from an assault and battery on the
subject school premises which caused her injuries, resulting in the following damages:
a. Severe mental distress and anguish;
b. Permanent bodily injury;
c. Permanent pain and suffering;
d. Disability and disfigurement;
e. Loss of capacity for the enjoyment of life;
f. Medical and other health care related expenses;
g. Hospital expenses;
h. Rehabilitation expenses;
i. Loss of wage-earning capacity; and
j. Aggravation of a previously existing condition.
WHEREFORE, the Plaintiffs sue the Defendant, HENDERSON, and demand judgment
against the Defendant for all damages recoverable under the laws of Florida and further demands a
trial by jury on all issues so triable as of right by a jury.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury of all issues triable as of right by a jury.
DATED THIS 10th DAY OF April, 2019.
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GROSSMAN ROTH YAFFA COHEN, P.A. Attorneys for Plaintiffs 2525 Ponce de Leon Blvd., Suite 1150 Coral Gables, Florida 33134 Tel.: (305) 442-8666 Fax: (305) 285-1668 E-Mail: aag@grossmanroth.com
By: /s/ Manuel A. Arteaga-Gomez STUART Z. GROSSMAN Fla. Bar No.: 156113 ANDREW B. YAFFA Fla. Bar No.: 897310 MANUEL A. ARTEAGA-GOMEZ Fla. Bar No.: 18122 WILLIAM P. MULLIGAN Fla. Bar No.: 106521
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