The Texas Supreme Court has rejected an appeal by survivors of the 2022 Uvalde school shooting, who sought to sue state and local police over their response to the tragic event. On Friday (June 26), the court upheld a previous ruling by the San Antonio-based 4th Court of Appeals, which dismissed the lawsuit filed by five teachers and 20 students from Robb Elementary School.
The plaintiffs argued that the Department of Public Safety (DPS) and Uvalde County officials failed to protect them during the shooting, which resulted in the deaths of 19 students and two teachers. They claimed that law enforcement’s delayed response and failure to use communication equipment and protective gear contributed to their injuries and trauma. However, the appeals court ruled that their claims were not covered under the Texas Tort Claims Act.
According to The Texas Tribune, the lawsuit alleged that responders’ use of “defective operational equipment” delayed rescue efforts. The court noted that the plaintiffs did not provide evidence showing that properly functioning radios would have minimized the delay. Moreover, the court emphasized that the non-use of property does not waive governmental immunity under the tort act.
Despite acknowledging the failures in law enforcement’s response, the court stated that the waiver of governmental immunity is a legislative matter. As a result, the plaintiffs’ claims were dismissed, leaving them without legal recourse against the agencies involved. The case highlights ongoing debates about the limits of governmental immunity and the need for legislative action to address such issues.
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