Get all your news in one place.
100’s of premium titles.
One app.
Start reading
ABC News
ABC News
National

Uvalde school shooting victims' parents file lawsuit — but what other legal actions have families taken after US gun attacks?

The families of victims of this year's mass shooting at Robb Elementary School in Uvalde, Texas, have launched a $US27 billion ($40 billion) class action lawsuit against officials, alleging they failed to follow protocols for an active shooter.

Multiple lawsuits have been filed after the shooting in May that killed 19 children and two teachers.

It is not uncommon for lawsuits to be brought by families after mass shootings.  

Let's take a look at some examples of lawsuits in recent years after deadly school shootings in the United States. 

Why are families suing law enforcement?

The lawsuit filed in Texas this week names the city of Uvalde, its police department, the school district, the state Department of Public Safety and several police and school officials.

Attorney Charles Bonner said the class action sought damages for the parents whose children were killed and kids who witnessed the shooting.

"Parents were telling us that kids are threatening suicide, they're totally changed from what they were on May 23, the day before the incident," Mr Bonner said. 

"One child is having the nightmare that she's having a heart attack.

"The parents are traumatised because they've seen this totally night-and-day change."

First responders have faced public scrutiny after the shooting after a report found officials waited more than 70 minutes to enter the classroom and confront the gunman, despite about 400 officials rushing to the school. 

Video shows police milling in hallway during Uvalde massacre

As a result of their actions at the scene two officers have been fired and others have resigned or been placed on leave.

In October, head of the Texas Department of Public Safety chief Steve McCraw acknowledged mistakes by officers when confronted by families, but said they "did not fail" Uvalde.

Shooting sparks multiple lawsuits 

Two other lawsuits relating to the Uvalde shooting have also been filed this week. 

The mother of a 10-year-old girl killed in the attack filed a lawsuit against police, the school district and the maker of the gun the shooter used.

Sandra Torres, whose daughter Eliahna was killed, has accused the city, the school district and several police departments of failing to follow active shooter protocols and violations of the victims' constitutional rights by "barricading them" inside classrooms with the killer for more than an hour.

The city of Uvalde also issued a lawsuit against District Attorney Christina Mitchell Busbee. 

The city claims the lack of access to information on the shooting was impacting an independent investigator's ability to look for policy violations by local responding officers, and determine whether internal disciplinary actions are needed.

Lawsuit against gun makers after Sandy Hook

Earlier this year, the families of victims killed in the 2012 Sandy Hook shooting reached a settlement that US President Joe Biden described as "historic". 

In February, the families of nine victims settled a $US73 million lawsuit against the maker of the rifle used to kill 20 first graders and six educators.

The families and a survivor of the shooting sued Remington in 2015, stating the company should have never sold such a dangerous weapon to the public.

The case focused on how the firearm was marketed, alleging it targeted younger, at-risk males in advertising and product placement in violent video games.

Government reaches settlement with families 

There is also an example of families reaching a settlement with the United States Department of Justice. 

This year, the justice department reached a settlement with the families of the victims of the 2018 shooting in Parkland, Florida. 

The department settled the 40 civil cases that arose from the shooting at Marjory Stoneman Douglas High School for $US127.5 million.

However, it said the settlement did not amount to an admission of fault by the United States.

It comes after allegations from parents of the victims that FBI tip line employees acted negligently in their handling of information received regarding the gunmen's stated desire to carry out a school shooting, and his growing collection of assault-style rifles and ammunition.

Who else has been the focus of lawsuits?

In addition to reaching a settlement with gun makers, the families of victims of the Sandy Hook shooting victims have been successful in seeking damages from conspiracy theorist Alex Jones.

Jones, a Texas-based broadcaster, falsely claimed the shooting was staged as part of a government plot to take away Americans' guns.

The families have brought multiple lawsuits against Jones, which has so far resulted in him being ordered to pay $US1.44 billion.

The shooting in 1999 at Columbine High School that killed 12 students and a teacher offers another example of a lawsuit that resulted in a payout for families. 

The victims' families also reached a $US2.5 million settlement with the families of the two shooters and two other individuals who allegedly helped the shooters obtain guns.

Reuters/AP

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.