Uvalde Survivors Lose Negligence Lawsuit Appeal

The Texas Department of Public Safety (DPS) and Uvalde County are immune from being sued over negligence claims resulting from their actions during the May 24, 2022, mass shooting at Robb Elementary in Uvalde, the Texas Fourth Court of Appeals (San Antonio) ruled Wednesday (Feb. 25, 2026).

The Fourth Court panel affirmed the trial judge’s ruling dismissing the lawsuit that was initially filed by five teachers and 20 students (and the students’ parents) against five defendants — DPS, Uvalde County, Uvalde CISD, the City of Uvalde and the Texas Rangers.

By the time the litigation reached the Fourth Court for a decision, DPS and Uvalde County remained as the only defendants.

Negligence Claimed

None of the plaintiffs (the surviving teachers and students) were in classrooms where the shooter murdered 19 students and two teachers, but most were barricaded in nearby classrooms and could hear the gunfire — and some saw the shooter as he moved through the campus. Several of the plaintiffs lost friends and cousins in the shooting, and others were physically injured during the evacuation.

The plaintiffs accused the five original defendants of violating the portion of the Texas Tort Claims Act (TTCA) that states that governmental entities can only be sued for injuries caused by the use or condition of tangible personal property.

To bolster their case, the plaintiffs (among other things) pointed to what they said were faulty communications radios that needlessly delayed law enforcement’s response to the tragedy.

Immunity

The Fourth Court panel instead concluded that the faulty equipment did not deprive DPS and the county of their immunity protections.

Although the justices conceded that they could “frankly not disagree” with the plaintiffs’ claims that DPS and Uvalde County improperly delayed their response to the shooting, changing the immunity law is the Legislature’s job, not the courts, the justices ruled.