Mass Shooting Lawsuits Against the Government | Fort Stewart Shooting Update

Tragic shootings, like the one at Fort Stewart in Georgia, serve as a stark reminder of the complex legal landscape that victims and families face in the aftermath of such incidents. While investigations are ongoing, this incident highlights the importance of understanding how federal liability may arise when government agencies fail in their duties related to preventing or responding to mass violence.

Mass Shooting Settlements: Successful Federal Tort Claims Act Cases

Recent mass shooting lawsuits demonstrate that successful Federal Tort Claims Act litigation is possible when government negligence contributes to tragic outcomes, regardless of whether the incident occurs on federal property.

Sutherland Springs Church Shooting Settlement: $144.5 Million

The 2017 mass shooting at First Baptist Church of Sutherland Springs, Texas resulted in one of the largest FTCA settlements in history. The U.S. Justice Department reached a $144.5 million settlement with victims and families, after a federal judge initially ordered the Air Force to pay more than $230 million. The case centered on the Air Force's failure to report the shooter's domestic violence conviction to the FBI's background check system, which would have prevented him from legally purchasing the firearms used in the attack. This case demonstrates that federal liability can extend beyond federal property when government agencies fail in their statutory duties.

Uvalde School Shooting Settlements

Following the 2022 Robb Elementary School shooting in Uvalde, Texas, 19 families reached a $2 million settlement with the city of Uvalde over the delayed law enforcement response. While this represents just one component of ongoing litigation, it demonstrates that government entities can be held accountable for failures in their response to active shooter situations.

These successful mass shooting lawsuits illustrate that when federal agencies fail in their duties—whether through inadequate record-keeping, poor information sharing, deficient training, or inadequate emergency response protocols—meaningful legal remedies may be available under the FTCA.

Federal Tort Claims Act: How to Sue the Government for Mass Shooting Negligence

The Federal Tort Claims Act (FTCA) allows certain claims against the United States government for negligent or wrongful acts by federal employees acting within the scope of their employment. In the context of mass shooting incidents, potential FTCA lawsuits may include:

• Failure to Report Critical Information: As demonstrated in Sutherland Springs, when federal agencies fail to properly report disqualifying information to background check systems, enabling prohibited persons to obtain firearms.

• Inadequate Security or Threat Assessment: Failures in security protocols, threat assessment, or response procedures that may have contributed to an incident, whether on federal property or involving federal personnel.

• Information Sharing Failures: When federal agencies possess information about potential threats but fail to properly share or act upon that information.

• Inadequate Training or Supervision: Claims that federal personnel were not properly trained or supervised regarding security threats, emergency response, or mandatory reporting requirements.

Who Can File Mass Shooting Lawsuits Against the Federal Government?

FTCA claims may be available to various categories of individuals affected by mass shooting incidents involving federal negligence:

• Direct Victims: Individuals injured in shooting incidents where federal negligence contributed to the harm, regardless of where the shooting occurred.

• Family Members: Survivors and family members of those killed or injured, particularly in cases where federal agencies failed in their statutory duties.

• Military Personnel and Families: While the Feres doctrine generally prevents active-duty military personnel from suing for injuries sustained during military service, there are important exceptions, and family members who are not on active duty may have viable claims.

• Federal Employees and Contractors: Department personnel, contractors, and visitors who may be injured due to federal negligence.

• Community Members: In cases like Sutherland Springs, members of the general public who were harmed due to federal agencies' failure to perform their statutory duties may have claims under the FTCA.

Recent Legal Developments

The legal landscape for FTCA claims involving mass shootings has evolved significantly. The Sutherland Springs case established important precedent by holding the federal government liable for systemic failures in information sharing that enabled a prohibited person to obtain firearms. Similarly, the Uvalde settlement demonstrates that even local government entities can face liability for inadequate emergency response protocols.

The family of Vanessa Guillén filed a $35 million wrongful death claim against the Army under the Federal Tort Claims Act, demonstrating that significant FTCA claims involving military base incidents continue to be pursued despite historical challenges posed by the Feres doctrine.

FTCA Lawsuit Deadlines: Time Limits for Filing Claims

FTCA claims have strict procedural requirements, including:

• Administrative claims must be filed within two years of the incident

• Detailed documentation and evidence preservation are critical

• Proper procedural steps must be followed precisely

Federal Tort Claims Act Attorneys: How We Can Help

Our firm has extensive experience navigating the complexities of FTCA litigation involving federal agencies across various contexts. We understand the unique challenges these cases present, from jurisdictional limitations to the intricacies of federal procedure and the need to establish the nexus between federal negligence and resulting harm. We work closely with victims and their families to evaluate potential claims, preserve critical evidence, and pursue justice where the law allows.

Every incident involving potential federal negligence presents unique factual and legal circumstances. The Fort Stewart shooting investigation is just beginning, and the full scope of what occurred, what warning signs may have existed, and what protocols were in place will likely emerge over time. These facts will be critical to understanding what legal avenues may be available to those affected.

If you are a service member, veteran, family member, or individual who has been affected by incidents where federal negligence may have played a role, we encourage you to understand your rights under the Federal Tort Claims Act. While not every situation will result in a viable claim, consulting with experienced FTCA lawyers can help ensure that your rights are protected and that important deadlines are not missed.

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This blog post is for informational purposes only and does not constitute legal advice. Each case is unique and requires individual evaluation. If you believe you may have a claim under the Federal Tort Claims Act, please consult with qualified legal counsel promptly to discuss your specific circumstances.