The U.S. Department of Justice on Wednesday announced it had reached an agreement in principle that would settle the litigation brought by survivors and the families of victims of the November 2017 Sutherland Springs mass shooting for $144.5 million.
The announcement comes after U.S. District Judge Xavier Rodriguez of the Western District of Texas in April 2022 found that the government was liable for the incident and entered a $230 million judgment against the federal government.
The basis of the ruling was the U.S. Air Force’s failure to transmit to the National Instant Criminal Background Check System information that the gunman, Devin Kelley, was ineligible to purchase the firearm he used to carry out the attack that killed 26 worshipers at the church and injured 22 others.
“No words or amount of money can diminish the immense tragedy of the mass shooting in Sutherland Springs,” Associate Attorney General Vanita Gupta said in a news release. “Today’s announcement brings the litigation to a close, ending a painful chapter for the victims of this unthinkable crime.”
Both parties had appealed the ruling to the Fifth Circuit. The government filed its opening brief on Jan. 9. The plaintiffs requested and received an extension to file their brief but none had been filed as of the announcement of this settlement.
The plaintiffs filed an unopposed motion with Judge Rodriguez on Wednesday asking him to indicate his willingness to accept a remand from the Fifth Circuit to appoint a guardian ad litem over the case and rule on a motion to approve the settlement.
Judge Rodriguez entered an order not long after.
“Having considered the plaintiffs’ motion and the entire record, the court is of the opinion, and so finds, that if the case is remanded to it by the Court of Appeals for the Fifth Circuit, it will grant the relief requested,” he wrote.
The settlement, if approved, would bring an end to the claims of more than 75 plaintiffs.
The plaintiffs are represented by Jason P. Steed of Kilpatrick Townsend & Stockton in Dallas, Misty Hataway-Cone of Houston, Frank Herrera Jr. of Herrera Law Firm, Jason Webster of Webster Law Firm, Catherine Tobin of Hilliard Martinez Gonzales, April A. Strahan and Robert E. Ammons of Ammons Law Firm, Daniel D. Barks of Speiser Krause, and many others.
The government is represented by Vanita Gupta, Joshua M. Salzman, Jacquelyn Christilles, Clayton R. Diedrichs, James Dingivan, Jocelyn Krieger, McKaye Neumeister and Mark Stern of the U.S. Department of Justice.
The case number in the Fifth Circuit is 22-5048. The case number in the Western District of Texas is 5:18-cv-00555.