The Texas Supreme Court on Friday rejected an appeal by Robb Elementary students and teachers who argued that failures by the Department of Public Safety and Uvalde County contributed to a botched response to the 2022 shooting that killed 19 students and two teachers.
Background of the Lawsuit
The lawsuit argued that DPS and Uvalde County failed to protect students and teachers, an allegation the court acknowledged as valid. However, the appeals court ruled that under the Texas Tort Claims Act, students and teachers had to show that the use of property must have actually caused their injury.
The lawsuit claimed that law enforcement officers failed to use their communication equipment and protective gear as they waited more than an hour to intervene and protect those inside the elementary school. They also alleged that responders used defective operational equipment in a manner that delayed rescue, causing distinct injury, because radios could be used only within a 10-foot radius of the building.
Students and teachers were injured not only by the shooter’s conduct but also by the delayed rescue itself, the lawsuit said. The appeals court ruled that the lawsuit did not present evidence that properly functioning radios would have minimized or eliminated the delay in the rescue.
Original reporting: Texas Tribune (HLL/CB) — read the source article.
