First federal lawsuit filed in Texas over Uvalde school shooting

Plaintiffs in case claim breach of due process rights, emotional distress and negligence

Pupils arrive at Uvalde Elementary for the first day of school in Uvalde, Texas. Two teachers and 19 children were killed in the May 24 mass shooting at a different school. AP

The children are not returning to the scene of the massacre. Their old school, Robb Elementary, will be demolished, the town's mayor has said. AP

'You can never ask a child to go back or teacher to go back in that school ever,' Uvalde Mayor Don McLaughlin said in June. AP

Texas Department of Public Safety officers and school personnel from Flores Elementary School greet pupils as they return after the summer break. Reuters

Some parents have opted to keep their children out of school entirely and will educate them at home. AP

A 2.4-metre-tall fence surrounds Uvalde Elementary School. AP

President Joe Biden signed a bipartisan gun control bill in July designed to keep weapons out of the hands of those deemed to be dangerous to themselves or others. AP

Personnel from Uvalde Elementary School greet pupils as they return after the summer break. Reuters

A Texas state trooper stands watch as pupils are dropped off at Uvalde Elementary for the first day of school. AP

Workers continue construction on a new fence in Uvalde, Texas. AP

The May 24 massacre was one of several mass shootings that brought about fresh calls for gun control legislation. Reuters

A teacher hugs a pupil arriving at Uvalde Elementary for the first day of school. AP

Texas Governor Greg Abbott passes in front of a memorial outside Robb Elementary School to honour the victims killed. AP

Following the school shooting, governors around the country vowed to take steps to ensure children would be kept safe. AP

Retired teachers visit a memorial honouring the school shooting victims. AP

Brownsville school superintendent Rene Gutierrez adds a banner to a makeshift memorial that honours the victims of the school shooting. AP

A 'Uvalde Strong' message is posted in front of the Uvalde County Mental Health building. AP

A federal lawsuit has been filed against eight entities and three people over the May shooting that killed 19 pupils and two teachers at Robb Elementary School in Uvalde, Texas.

The lawsuit, first reported by The San Antonio Express-News, was filed on Wednesday in US District Court in Del Rio by one parent whose child was wounded in the shooting and two parents whose children were on campus at the time.

Lawyers for the parents say it is the first federal lawsuit related to the attack.

“The horrors of May 24, 2022, were only possible because so many in positions of power were negligent, careless and reckless,” a statement from Stephanie Sherman, one of the lawyers representing the parents, said.

“We are already hearing that many [pupils] are scared for their lives,” said Monique Alarcon, the other lawyer for the parents. “This case is about ensuring that they have access to the care and resources they need.”

The lawsuit alleges a breach of due process rights, negligence emotional distress and other infractions by the Uvalde school district, the city, firearms maker Daniel Defence, gun dealer Oasis Outback and firearms accessory maker Firequest International.

Also named are radio communication device maker Motorola Solutions, door-lock maker Schneider Electric USA, fired school police chief Pete Arredondo, suspended police Lt Mariano Pargas, who was acting city police chief at the time.

The police response to the shooting was sharply criticised, as nearly 400 officers responded but waited more than an hour before confronting and killing the gunman.

School principal Mandy Gutierrez, who was reinstated three days after being suspended when she rebutted a sharply critical legislative committee report alleging a “culture of complacency” at the school, is also named in the lawsuit.

The lawsuit alleges Motorola’s products failed to operate inside the school, “leaving first responders without information communicated from dispatch and/or other first responders” and that “Schneider Electric’s doors failed to lock as designed after being shut”.

The accused declined to comment or did not return messages to The Associated Press on Thursday.

The lawsuit seeks unspecified punitive damages from each of the accused except the school district and the city, which are exempted by state law from such awards.

Alanna De Leon writes the name of her friend, Annabelle Rodriguez, who died in the shooting. AFP

Pallbearers carry the coffin of Amerie Jo Garza into Sacred Heart Catholic Church. AP

Pallbearers carry the coffin of Amerie Jo Garza, who died in the mass shooting at Robb Elementary School. AFP

A memorial in Town Square, Uvalde, Texas, for victims of the Robb Elementary school shooting. Reuters

A woman places a rose on Layla Salazar’s memorial cross, who was one of the victims that died in the shooting. Reuters

Bags with brisket sandwiches and a snack that will be sold at a fundraiser for families of the victims. Reuters

Ashtyn Leigh, 18, hands a man a brisket meal. Reuters

A choir sings in front of the memorial. Reuters

People pray in front of memorial crosses. Reuters

Nineteen children and two adults were killed in the shooting. AFP

People visit a memorial for the victims. AFP

Flowers are left outside the school. AFP

Twenty-one empty chairs are seen outside of a daycare center as a memorial for the victims. AP Photo

Football teammates of Tess Mata, who died in the Texas school shooting, cry as they visit a makeshift memorial outside the Uvalde County Courthouse. AFP

A football teammate of shooting victim Tess Mata cries, supported by her mother. AFP

Texas police faced angry questions over why it took an hour to stop the gunman who murdered 19 children and two teachers in Uvalde, as video emerged of desperate parents begging officers to storm the school. AFP

Activists join Senate Democrats outside the Capitol, in Washington, to demand action on gun control legislation after the killings at the Texas elementary school this week. AP

The George R Brown Convention Centre, site of the National Rifle Association annual convention. Days after the deadliest mass school shooting in Texas history, the gun lobbyist group is meeting in Houston, from Friday until Sunday. Reuters

Pastor Carlos Contreras preaches to his congregation as photos of some of the children killed in the mass shooting at Robb Elementary flash on the screen at Primera Iglesia Bautista, in Uvalde. Reuters

People march after a vigil held to stand with the Uvalde families and demand an end to gun violence in Newtown, Connecticut. AP

A woman holds up a banner at the end of the vigil in Newtown, Connecticut. AP

Newtown was the scene of the 2012 attack at Sandy Hook Elementary School, when 20 pupils and six teachers were killed by a gunman. AP

Candles are lit for each victim as people pray at St Philip's Episcopal Church. EPA

A makeshift memorial in front of Robb Elementary School. AFP

Omahar Padillo with his son Omahar Jr, 12, during a community prayer, in Pharr, Texas, for the shooting victims at Robb Elementary School. AP

Omahar Padillo Jr, 12, and his sister Samantha, 9, with their mother, Silvia Padillo, write messages in support of the victims at Robb Elementary School. AP

A vigil for the victims of the mass shooting at Robb Elementary School. AFP

A young mourner at the vigil in Uvalde, Texas. AFP

Families at the vigil. AFP

A woman holds a photo of Nevaeh Bravo, who was killed in the mass shooting, during a vigil for the victims of the massacre in Uvalde, Texas. AFP

Uvalde County Sheriff Ruben Nolasco is comforted by Senator Ted Cruz during a vigil at the Uvalde County Fairplex Arena. AP

Diana Karau of Uvalde with a therapy dog named Tritan before a vigil to honour those killed at Robb Elementary. AP

Gun-control advocates Dana Cibulski, left, and Judi Giannini attend a vigil outside the National Rifle Association headquarters in Fairfax, Virginia after the mass shooting in Uvalde, Texas. AFP

Uziyah Garcia, 8, was among those killed in the shooting at Robb Elementary School in Uvalde, Texas. AP

Pastor Jaime Cabralez, the uncle of shooting victim 10-year-old Eliahana Cruz Torres, is surrounded in prayer at his church in Uvalde, Texas on Wednesday. Reuters

A woman embraces a child outside Willie de Leon Civic Centre, in Uvalde, where pupils were taken after the school shooting. Bloomberg

Gun-control advocates hold a vigil outside the National Rifle Association (NRA) headquarters in Fairfax, Virginia. AFP

A woman and child leave the Civic Centre. Reuters