- Sgt. Brian Miller was one of four deputies fired last year for inaction during the 2018 Parkland shooting, with him specifically found to have been taking cover behind a car at the time.
- But an arbitrator found that the Broward County Sheriff’s Office violated his right to due process by firing him two days after a 180-day window it had to notify him.
- He will now be reinstated with full seniority, benefits, and backpay. For reference, Miller was paid more than $137,000 in 2018.
- The sheriff’s office said it is exploring legal options and stood by its initial termination, calling the arbitration “based on a technicality” and “wrongly decided.”
How Miller Responded During the Shooting
A Florida deputy who was fired for hiding behind his patrol car during the deadly shooting at Marjory Stoneman Douglas High School has just won his job back, the police union said Thursday.
Sgt. Brian Miller was one of four Broward County Sheriff’s deputies fired last year for neglect of duty during the Feb. 15, 2018 shooting, which left 17 students and staff members dead.
Miller was the first supervisor to arrive on the scene while shots were being fired, but a report from Marjory Stoneman Douglas’ Public Safety Commission found that his first radio call wasn’t made until “approximately ten minutes after the first radio traffic about the shooting and approximately five minutes after his arrival.”
He defended his conduct to investigators by saying he had problems communicating over his radio. He explained that he stayed behind “trying to get resources to people in places to help.” That claim, however, was inconsistent with radio recordings and witness statements, which showed no evidence of him doing so.
When the Coral Springs Police Department arrived at the scene and rushed into the school, officers reported seeing Miller and other deputies staying on a nearby road instead of entering the campus. Other officers also reported seeing Miller and other deputies taking cover behind their cars.
“Any law enforcement officer — regardless of rank — who arrives at the scene of an active shooter while shots are still being fired has an obligation to pursue the sound of those gunshots and confront the shooter, but Sgt. Miller remained behind his car in a position of personal safety,” the commission’s report said.
In December, Polk County Sheriff Grady Judd, a committee member, called Miller’s performance an “absolute, total failure,” according to the South Florida Sun-Sentinel.
Miller to be Reinstated After Arbitration
Now Miller will be reinstated with full seniority, back pay, and other benefits thanks to a recent arbitration ruling made Wednesday. For reference, he was paid more than $137,000 in 2018, including his salary, overtime, medical reimbursements, paid holidays, and other time off, according to the Sun-Sentinel.
However, the decision had nothing to do with his actions on that tragic day. Instead, the arbitrator, Danielle Hargrove, said the Broward County Sheriff’s Office violated Miller’s right to due process when firing him in June.
The Sheriff’s Union had argued that the department terminated him two days past the 180-day deadline state laws allow for punishing law enforcement officers once an investigation is completed. The arbitrator ultimately agreed and granted their motion for summary judgment.
Sheriff’s Office Responds
In a statement, the general counsel for the Broward County Sheriff’s Office said the decision was “based on a technicality” and “wrongly decided.” The counsel also said the agency was exploring all legal options.
The sheriff’s office also added that the arbitrator didn’t address “the conduct of Sergeant Miller on the day children and adults were massacred at Marjory Stoneman Douglas High School while he stood by. Nowhere in the decision is he vindicated for his lack of action on that day.”
On top of that, the current Broward County Sheriff, Gregory Tony, said he still believes he made the right call in firing Miller.
“I stood by the termination then, I stand by it now,” he said Thursday.
“The arbitration process is always part of the final aspect for any employee that is terminated or suffers some form of disciplinary action that I take, and I understand that’s always going to be on the table. But it’s not going to change my decision-making, in terms of doing what’s right for this community.”
Family members of the shooting victims were also outraged by the decision. Ryan Petty, whose daughter Alaina was killed at the school, tweeted that Miller should immediately resign.
Miller’s attorney, Gary Lippman, said at a news conference Thursday that the union had been prepared to address Miller’s firing “on the merits,” but it first filed a motion addressing the violation of his procedural rights.
Though Miller’s actions on the day of the shooting have faced heavy criticism, the public safety commission’s investigation found widespread problems with law enforcement’s response, including flawed 911 and radio systems, deputy failures, and an “abysmal” response from school resource officer Scot Peterson.
Peterson’s case was arguably the most notorious after the shooting, as he was on campus when shots broke out, yet failed to confront the gunman. Peterson was charged last June with child negligence, culpable negligence, and perjury. He pleaded not guilty and his lawyers called the charges “politically motivated retribution.”
Privacy Concerns Rise in Florida Over Menstruation Questions on Digital Student-Athlete Physicals
Ever since the overturn of Roe V. Wade, activists have been concerned about how period tracking data can be used against women.
Outrage and Concerns
Florida schools require student-athletes to complete an annual physical evaluation form before being allowed to participate in sports, including questions about female menstruation. Recently, school districts have shifted these forms into a digital format using a third party, causing privacy concerns for parents and activists alike.
As headlines started to circulate the news, many online began expressing outrage. Lawyer Pam Keith, who ran for U.S. House of Representatives in 2020 referred to Florida as a “police state for women” on Tuesday morning. Other tweets have called this practice “dystopian” and “tramping on women’s rights.”
In Florida, these questions have been on the student-athlete physical evaluation form for approximately 20 years. Now that some school districts have shifted from paper copies to digital formatting with the third-party software company, Aktivate, criticisms have resurfaced across the state. Abortion rights activists, in particular, are worried about menstrual information being used to prosecute someone for getting an abortion. Others vocally oppose storing this information online, citing parents’ rights over their children’s data.
These questions relating to menstruation are labeled as optional on the document. However, some have expressed concern that athletes will feel obligated to answer them in order to ensure their eligibility to play.
Florida schools have all of the medical data collected by these physicals sent back to the district from the physician. This is in sharp contrast to the policy of other states that simply require the physician’s approval for the athlete to be cleared to play.
“I don’t see why school districts need that access to that type of information,” pediatrician Dr. Michael Haller said to The Florida Times-Union. “It sure as hell will give me pause to fill it out with my kid.”
See what others are saying: (Forbes) (The Palm Beach Post) (The Florida Times-Union)
Navy SEAL Recruits Sprayed With Tear Gas in “Horrific” Leaked Video
The revelation comes after the Navy launched an investigation into SEAL training practices last month in response to the death of a recruit.
The Worst Birthday Ever
In September 2021, Navy SEAL recruits were forced to sing “happy birthday” while standing amid a thick cloud of tear gas as part of their training, a leaked video reveals.
The footage, which was obtained by investigative reporter Mathew Cole and published by CBS News, comes from California’s San Clemente Island, where SEALs are trained.
For over a minute, instructors are seen dousing the recruits in the chemical, sometimes from just inches away, as they struggle to sing. Reports say they were singing so that they could not hold their breath, which regulations incidentally warn may cause a person to pass out.
Although exposure to tear gas is a common right of passage for military recruits, who must learn how to properly don a face mask, it is meant to be sprayed from six feet away to prevent burns and last for no longer than 15 seconds.
The recruits in the video are seen coughing, heaving, and crying out in agony after the gas subsides, and one appears to pass out.
A Navy admiral has reportedly launched an investigation into the video to determine whether the instructors sprayed the gas for too long and from too close, and if they did, whether they were simply unaware of the proper procedure or intended to abuse and punish the recruits, which could be a criminal offense.
Cole wrote in a Twitter thread that he showed the footage to current and retired senior SEAL officers, who described the exercise as “horrific,” “abusive,” “pointless” and “near torture.”
“Current and former SEAL students say they were told the purpose of the exercise, which cause extreme pain, was to simulate how they would react to bullet wounds in combat,” he said. “They were told by BUD/S instructors it was a ‘rite of passage’ and given three attempts to complete it.”
The Death of Kyle Mullen
“The source who provided the video did so because they wanted the Navy, Congress and the public to know that the February 2022 death of Kyle Mullen was not an isolated incident,” Cole Continued.
Mullen was a 24-year-old Navy recruit who arrived in California for the SEALs rigorous selection course in January. In his third week, he reached what’s known as Hell Week, a five-day-long slog through an infamously brutal training regiment that’s killed at least 11 men since 1953.
Trainees spend at least 20 hours per day doing physical exercises, running a total of more than 200 miles, and are allowed just four hours of sleep across the entire week.
Hell Week is meant to test a recruit’s mental and physical resilience, as well as their commitment to becoming a Navy SEAL. Critics, however, argue it is excessively harsh, pointing to the concussions, broken bones, dangerous infections, and near drownings suffered by some recruits.
When Mullen completed Hell Week, he called his mother Regina, who told CBS News her son seemed to be having trouble breathing.
A few hours later, he died with the official cause being pneumonia, which Regina attributed to the freezing water he was submerged in during training.
She also said he admitted to using banned performance-enhancing drugs, something many aspiring SEALs resort to so they can cross the finish line.
Even with drugs, however, around 90% of trainees fail to complete the selection course, with most dropping out during Hell Week.
The same day Kyle died, one of his fellow trainees had to be intubated, and two more were hospitalized.
The Navy launched an investigation into the SEALs selection course last month in response to Kyle’s death.
See what others are saying: (CBS) (NBC) (The New York Times)
Lawyer Claims That LAPD Officer Who Died In Training Was Targeted For Investigating Other Officers For Rape
The late officer’s family has filed a lawsuit against the city of Los Angeles.
Press Conference Reveals New Allegations
A lawyer for the family of Los Angeles Police officer Houston Tipping, who died in May during a training exercise, claimed on Monday that Tipping was targeted for reporting an alleged sexual assault by four other police officers last year.
In May, Tipping sustained serious injury — including a broken spine — during training, which resulted in his death three days later. The LAPD released a statement saying his injuries came from a fall taken during a segment of training that involved grappling another officer.
His family, however, filed a complaint — and later a lawsuit — against the city of Los Angeles. The lawsuit states that Tipping was, “repeatedly struck in the head severely enough that he bled.”
During a Monday press conference, his family’s lawyer, Bradley Gage, claimed that the injuries Tipping sustained could not have been the result of grappling.
“There is no way grappling would have caused those kinds of injuries the way the LAPD portrays it,” he said. “What would cause those injuries is if somebody picked a person up, slams them down onto their head and their neck onto a hard surface.”
An Alleged Cover-Up
According to Gage, an officer that Tipping had reported last year for an alleged sexual assault was also present at this training exercise.
“The allegation is that in July of 2021, four police officers were involved in the sexual assault of a woman from the Los Angeles area. A report was taken by Officer Tipping,” he said. “And the female victim claimed that she was raped by four different people, all LAPD officers. She knew the names of some of those officers because they were in uniform and had their name tags on. The name of one of those officers, with the name tag, seems to correlate with the names of one of the officers that was at the bicycle training”
The attorney went on to confirm that he is alleging this unnamed officer is responsible for Tipping’s injuries.
Later in the press conference, Gage stated that the police department is likely trying to cover-up these misdeeds.
“I’m sure that these actions are being covered-up. The thought of a code of silence or a cover-up by a police department should not be shocking or surprising to anyone,” he said.
Although the initial lawsuit by Tipping’s family included the wrongful death and other civil rights violations, with this new information, the family and the attorney has decided to file a supplemental. This supplemental will cover the whistler blower retaliation, destruction of evidence, and the initial wrongdoing of the rape case.