Posted on 02/08/2022 10:13:30 AM PST by aimhigh
A federal judge on Monday ruled that the Air Force must pay more than $230 million to survivors and victims' families of the 2017 shooting in Sutherland Springs, Texas.
Driving the news: U.S. District Judge Xavier Rodriguez in July ruled that the Air Force holds 60% of the responsibility for the shooting in the Texas church because it failed to enter the shooter's criminal history into a federal background check database used for gun purchases. More than 25 people were killed in the shooting.
Rodriguez on Monday ordered the Air Force to pay millions, which will compensate more than 80 family members of victims and survivors, for "pain and suffering, mental anguish, disfigurement, impairment, and loss of companionship or consortium."
(Excerpt) Read more at axios.com ...
100% agree with you. The liability for flooding illegals into America should give them the same liability. But no judge will ever allow it.
To say nothing of the Taliban
No. The people of America are sovereign and the Air Force needs to pay for its negligence and covering up the crimes of its pet islamofascist invaders.
Hmmm Kate Steinle comes to mind.
How do you determine percentage of blame?
There has to be more to this story. The JAG office coordinates with off-base prosecutors. They discuss who has jurisdiction for which charges, who has a better case to make, etc. The county prosecutor had to be aware of the threat.
The Judge is an idiot.
No kidding there.
They were committed while he was in the USAF and IIRC on base housing. USAF all the way.
It is the USAF’s responsibility to report the convictions to the NICS system. They didn’t.
Xavier Rodriguez, the woke judge who issued this ruling is ignoring the fact that the murder of these people was committed by Devin Kelley who didn’t have a lot of money so Rodriquez elected to assign blame to the Air Force because they can make a lot of taxpayer money available to fund his giant reward instead of blaming the perpatrator of the crime. This is what liberals always do. Don’t blame the guilty person. Blame someone with deep pockets. Tells alot about the mentality of Xavier Rodriquez!
Does this create a legal precedent for law suits against government entities that do not report violent criminals? Think of Antifa member that participates in a riot but is not reported.
Can a later victims of that Antifa member, then sue the government?
If the crimes equal 10 years in prison, but the Air Force is 60% responsible would the criminal get 4 years?
Individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting in the scope of his or her official duties may file a claim with the government for reimbursement for that injury or damage. In order to state a valid claim, the claimant must demonstrate that (1) he was injured or his property was damaged by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee was acting negligently or wrongfully; and (4) the negligent or wrongful act proximately caused the injury or damage of which he complains. The claimant must also provide documentation establishing that his claim satisfies all the elements of the FTCA.
https://www.house.gov/doing-business-with-the-house/leases/federal-tort-claims-act
The FTCA came about because the (Army) Air Force ducked responsibility when they flew a plane into the side of a New York skyscraper.
Fixed it:
Judge orders Tax Payers to pay $230M in Texas church shooting
Nothing actually happens to anyone in the air force.
The USAF reduced it all to misdemeanors, dropped the gun charge, gave him a few months in the brig and dumped him out into society.
Do you know for certain that the crimes of giving a toddler a skull fracture, strangling his wife happened on Cannon AFB? If not, the Air Force had no jurisdiction. An Airman committing a crime off base is subject to civil authority in the United States.
Some bases permit weapons to be stored in on-base housing. While some installations require all personal weapons to be registered, others do not. Rules at some locations require that weapons in on-base housing be stored in locked safes. You can check with your local housing office for specific rules for your base.It is not a blanket truth that personal weapons cannot be brought onbase. We need the details before making snap judgements.
It’s done everyday in courtrooms across the country.
I asked how do you determine it?
It doesn't really matter. UCMJ jurisdiction is based on a person's status as a member of the armed services, not where an offense was committed. That said, his offenses were committed on the installation as I understand it.
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