Holcombe v. USA $230 Million Award from Air Force for Church Shooting

On November 5, 2017, Devin Patrick Kelly shot and killed 26 churchgoers and wounded 20 more in Sutherland Springs, Texas. Kelly was stopped by Stephen Willeford, who disrupted the shooting and wounded Kelly.

Kelly purchased the firearms he used through federally licensed dealers. The National Instant Background System (NICS) approved of the sales, even though Kelly was a prohibited possessor. The Air Force had failed to enter the criminal data about Kelly into the NICS system.

Survivors of the shooting sued the federal government for negligence, using, in part, the Federal Tort Claims Act (FTCA).

In general, the Federal Government is immune to lawsuits under the doctrine of sovereign Immunity. The Federal Government can be sued if it authorizes the lawsuit. The FTCA is one way the Federal Government authorizes lawsuits against itself.

The Sutherland Church shooting case became a consolidated case of all the plaintiffs, known as Holcombe v USA.

The government lawyers moved to dismiss the case, based on sovereign immunity, claiming the court did not have jurisdiction. The trial judge found the government had waived sovereign immunity with the FTCA, at least in part. This allowed the case to go forward and for discovery to proceed. From the Order on motion to dismiss on Casetext.com:

From WP:
He approached the church from the right, opening fire on and killing two people outside the church and continuing to fire on the building itself. He then entered through a right side door, where worshipers were attending regular Sunday service.[8][9]

Inside, he yelled, “Everybody dies....” as he proceeded up and down the center aisle and shot at people in the pews.[8][9] Police found 15 empty magazines capable of holding 30 rounds each. Authorities stated Kelley fired approximately 700 rounds during the estimated 11 minute long shooting.[1][10][11][12]

According to investigators, the shooting was captured on a camera set up at the back of the church to record regular services for uploading online. The footage shows Kelley methodically shooting the victims, pausing only to reload his rifle.[13]
Stephen Willeford, former NRA firearms instructor who fired upon and injured the shooter

Kelley was then confronted by and traded fire with Stephen Willeford, a local resident and former NRA firearms instructor[14] who was armed with an AR-15 semi-automatic rifle. Willeford had taken cover behind a truck across the street from the church and shot Kelley twice, once in the leg and once in the upper left torso under his tactical gear.[15][16][17] Kelley, who had dropped his rifle during the initial firefight with Willeford, fired back with a handgun before fleeing in his Ford Expedition[citation needed]. Willeford fired one more round as Kelley sped north on FM 539.[18][19] Willeford then noticed a pickup truck parked at the intersection of 4th St. and FM 539, driven by Johnnie Langendorff.[citation needed]

Willeford approached and entered Langendorff’s truck on the passenger side. They then pursued Kelley at high speed for about five to seven minutes. According to Langendorff, they drove at speeds up to 95 miles per hour (155 km/h).[20] While chasing Kelley, Langendorff called 9-1-1 and reported their location to the operator as they assumed that the police were on their way to the church.[citation needed]

During the chase, Kelley called his wife and spoke to her and his parents, informing them “I just shot up the Sutherland Springs church”,[21] and telling his father that he was injured and thought that he would not survive.[17] Kelley reportedly repeatedly emphasized how sorry he was.[21] Bleeding from his injuries, Kelley soon lost control of his vehicle, hitting a road sign before crossing a bar ditch at the Hartfield/Sandy Elm Road intersection and finally stopping about 30 feet into the field on the opposite side.[citation needed]

Willeford and Langendorff observed that he was motionless, and police took over the scene when they arrived.[22] Police found Kelley dead in his car[23] with three gunshot wounds, including a self-inflicted head wound.[24] Two handguns were found in the vehicle: a Glock 19 9mm and a Ruger SR22 .22-caliber, both of which Kelley had purchased.[25]

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