The Michigan Court of Appeals is allowing a case filed by the family of a murdered Oxford High School student to move forward. The family of Hana St. Juliana alleges the Michigan State Police failed to fulfill a legal obligation to act on information that could have averted the 2021 mass shooting.
The case never made it to the argument stage in the Michigan Court of Claims. The judge ruled the family missed the deadline to notify the state of its plans to file a wrongful death lawsuit within six months of the shooting.
But, in a unanimous opinion released Friday, a three-judge Court of Appeals panel reversed that decision. The court said that clock did not start until a probate judge named St. Juliana’s father as the personal representative of her estate.
“The state of Michigan attempted to use a technicality to deprive our clients of their day in court," said Kevin Carlson, the attorney for the St. Juliana family. "We are pleased that the Court of Appeals saw past that and is going to allow this case to proceed."
The complaint outlines reports of concerning behavior by the shooter that were submitted to the Michigan OK2Say tipline, which serves as a central location to report crimes, threats, and concerns regarding schools and students. It says the Michigan State Police failed to live up to its responsibilities to investigate reports submitted through that system.
The complaint also says a school official and an Oakland County deputy sheriff dismissed the concerns.
Carlson said the 2013 law that set up OK2Say puts the final legal responsibility to check on those tips with the state.
“The question in this case, and the focal point of this lawsuit, is going to be why did the Michigan State Police not intervene to prevent the shooting at Oxford High School?” he told Michigan Public Radio.
The Michigan State Police did not respond to a message seeking comment. The state could appeal the decision to the Michigan Supreme Court.
St. Juliana and three classmates were killed in the November 30, 2021, mass shooting. Seven people were injured.
Carlson said unless the state appeals, his next step is to seek unredacted versions of police reports related to the shooting.
