instance which policy the salvation of the future guards you know the policy to require students or to issue sudanese i don't know the rationale for it was there it was successful and the reason it was discontinued so i do not know because again discovery was not allowed in this case was dismissed on the complaint level which is one of the arguments we have in this matter however what i do know is that there was other policies referred to refer for the people who are student members and identification  protection that that i did not constitute an affirmative act and the harm that followed you know even though in that case with the protective order i end with the victim had simply been targeted was not that they removed the protection because the argument for  forefront of of your minds and the one thing i would like to address that hasn't been addressed at all is that there's two components to foreseeability there's foreseeability and there's something called fairly direct and there's been a lot of discussion about foreseeability and what more discovery could be afforded the appellant to develop foreseeability i can give you a discovery right now based on the language of the complaint that's been on distributed throughout this entire case sometime prior to two thousand and twelve two thousand thirteen school year decision was made not issue student identification ar address that question very easily if you look at the record age if you compare a twenty four to a twenty one and a twenty one a i'm sorry a one point one a one twenty one is a an attachment by the appellant of the school districts actual policy policies visitation policies and procedures in place you have to go to the press will you have to sign it and you back to do all this stuff and the fact that this was it was actually used that term was used by past security that's how these these people got it they bypassed security measures that were in place so we were discussing the lack of soon identification cards we're not saying that there's an absolute failure of security in fact you tell us not is saying that that's what he's saying is that it wasn't or registering visitors that's not my understanding just cross my understanding of the complaint is that there was a decision made prior to the school year to not issue student identification that that argument is and has made it as i understand the complaint and their their grief in opposition to the the school mate and the school made a decision to i would i would say that they needed something to alter the way they dealt with editors to check visitors because as you can see in the record in a one twenty four there were the mechanism in place again it  example that there were parents who would serve as i did keep those to the school or home monitors on to try to prevent unknown violence in the area and as a result of the institution of a policy like this those protections were removed variants for example that sufficiently comfortable or reliant on the school's new policy that the hall monitors the other beekeepers were no longer in place well that would that be a different case i don't think so because again you're arguing over the sufficiency of the mechanisms that were already in place it's not like there was a total lack of supervision or security and again you know when you when you start discussing what other ideas are now there to you there's no such thing as a perfect security plan so when you start discussing what other mechanisms are out there again you get into negligence concepts you get into duty should you have done more and that's not what the constitution is here to protect the constitution is here for a very specific set to you know it again is the third circuit is caution we have to avoid becoming a font of poor law so when you and i discuss what more could be and been done we didn't have a student identification card policy you also had to fake the flipside to that and say well i wasn't assaulted sooner this was a ticking time bomb is easy to say in times of fairly direct we have taken account of the length of passage of time but you seem to be arguing that to be foreseeable there has to be actual knowledge of that harm i do agree that's not really what our he's instead we talk about an awareness of the risk of harm and here at least in about should have versus way and we're talking about things that we could have done better that we should have done better but there's always something that could have that you know sure that short of locking down the school and providing on garge and i'm speaking was a conscious decision that was made or at least that's the allegation that's compared to in other cases mara where the policy just you know the temporary situation expired if you will share why it's more than being passive it's an actual doing doing doing away with some i was i would say actually in terms of it's more than being passive i actually thank you for refresh my recollection as our response to respond to it but i would say that it's not merely being passive it's it's a decision that was that was made as a whole to protect are not protected govern essentially the school and if you're if you're going to focus on isn't it affirmative i don't believe it's not for i believe that the governing of the school overall is a from a bad review start if you start getting into each and every decision that was made and you label that a policy making decision that you're expanding the attack but and again i don't want to compare it to you know the shootings of the school but it this is it was on a much lower level it is that that that was essentially what the what happened there on that day suggesting that based on my reading of henry and i'm sorry i'd like on the other case that i cited to you but only on my reading of the third circuit it says that they have to be doors being open to no entry school they nonetheless stood by and tolerated the word literally being propped open the end and there it was known to the school and the  when you get around that robert morse correctly i found that the issue is that this is the range mentally disabled who came in and shot the teacher was only added as about her this individual person or this type of incident was but she was working on