The parents of Katie Cooper, a 22-year-old UC Santa Barbara student who was killed during the shooting and stabbing rampage in Isla Vista on May 23, 2014, will work to file an amended wrongful-death lawsuit against Santa Barbara County and the University of California at the request of a Santa Barbara judge.
Daniel and Kelli Anne Cooper of Chino Hills filed a civil suit in June, alleging negligence on the part of the county and UC Police related to a welfare check and other behavior signs that preceded the May massacre in which Elliot Rodger killed six UCSB students, including Cooper, before taking his own life.
In a tentative ruling this week, Judge Colleen Sterne said the complaint filed by Los Angeles-based law firm Treyzon & Associates didn’t meet the standard to continue, although she welcomed the chance to file a revised complaint by Nov. 10.
The Coopers alleged violation of mandatory duties and negligent hiring, training and supervision, along with general negligence.
Their attorney, Federico Castelan Sayre, told Noozhawk the matter was a difference of opinion.
Because the law affords public entities like the county and University of California immunity to litigation based on officer discretion, the judge doesn’t think the defendants are liable, Sayre said.
The complaint specifically focuses around a welfare check of Rodger’s Isla Vista residence on April 30, 2014, when county sheriff’s deputies — made up of Isla Vista Foot Patrol and UC Police officers — responded to calls from his parents worried about their son’s wellbeing, ultimately taking no action upon inspection.
As of that date, however, information in the California gun registration system showed Rodger had purchased multiple firearms since December 2012, according to the lawsuit.
In addition to not checking the gun registry, Sayre argues, officers also failed to watch the YouTube video Rodger posted that had made his parents so upset. In it, Rodger said he would “slaughter” and “annihilate” young women.
“The law says police can be responsible if they don’t exercise a mandatory duty,” he said. “If the judge persists in her positions, we’ll take it up to the court of appeals” or the Supreme Court, he said.
The lawsuit also cites other instances as red flags, including Rodger reporting to the IV Foot Patrol that someone was denting his vehicle on purpose (no dents were found upon inspection), getting into a fight during a party, and performing a citizen’s arrest on his roommate for allegedly stealing three candles worth $22.
County Counsel Michael Ghizzoni said the county doesn’t discuss ongoing litigation and a University of California spokesperson declined comment on the pending lawsuit.
— Noozhawk staff writer Gina Potthoff can be reached at gpotthoff@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.