Texas Supreme Court Hears Appeal Over Uvalde County’s Liability in Robb Elementary Shooting

The Supreme Court of Texas heard oral argument in an appeal over whether Uvalde County and other government entities can be sued under the Texas Tort Claims Act for failures during the Robb Elementary School shooting on March 24, 2019.

Plaintiffs’ counsel, identified in the record as Mister Williams, told the court the case ‘‘arises from the tragedy at Robb Elementary School’’ and that the parties rely on a Department of Justice critical-incident report. Williams argued the crux of the appeal is statutory: whether the Texas Tort Claims Act’s ‘‘use/nonuse’’ and defective tangible-property standards allow suit against government entities for what plaintiffs call failures to implement active-shooter protocol.

Why it matters: The appeal asks whether government operational decisions and equipment failures during an active-shooter event are shielded by sovereign immunity under the state statute or are actionable when they amount to a failure to follow required protocols. Plaintiffs say the answer determines whether survivors and families may…