Florida Supreme Court rules against Parkland families in suit
The Broward County School Board won’t be forced to pay more than $300,000 — the limit under state law — to the families and victims of the Marjory Stoneman Douglas High School shooting, the Florida Supreme Court decided Thursday. The Supreme Court’s ruling came after it weighed whether government agencies should recognize a mass shooting as more than one devastating tragedy.
The attorneys for Stoneman Douglas families and victims said the gunshots in the Parkland mass shooting were separate instances: The Parkland school shooter killed 17 people and wounded17 more on Feb.14, 2018. And many people at the school were traumatized by hearing the gunshots and fleeing for their lives, not knowing for sure whether they were running to or from danger.
The families’ attorneys argued that each plaintiff filing a claim against the school board should be able to receive up to $200,000.
But the Supreme Court on Thursday sided with the Broward School Board, determining the shooting was a single incident and that the district’s liability should be capped at $300,000 to be divided among all the victims. That could mean less than $9,000 each for everyone who was pierced by a bullet.
The ruling was another blow to families, who felt their efforts to seek justice have faced one roadblock after another. The trial for the gunman has faced multiple delays, the latest due to the COVID-19 pandemic. Investigations by the school district resulted in no one facing any serious consequences.
“I’m disheartened once again to see that the best
interests and hearts of those who lost loved ones or were injured are not protected,” said Lori Alhadeff, whose daughter Alyssa was killed. “A financial gain will never suffice for injury and suffering, but the fact that the Supreme Court ruled against us leaves me saddened and disappointed.”
Alhadeff was elected to the Broward School Board in 2018, seven months after the shooting. She has recused herself from legal matters the School Board has discussed involving the case.
Fred Guttenberg, whose daughter Jaime was killed, denounced the decision. He said Broward Schools Superintendent Robert Runcie “is doing everything he can to avoid any responsibility to the families, while he still gets to stay in his job.
He said families are still exploring their legal options. “We’re not stopping.”
In a statement, Runcie said: “Today ’s Florida Supreme Court ruling affirms prior court interpretations of the Sovereign Immunity Statute, which pro
vides that a multiple gunshot incident is a single incident under the statute. It is important to remember that this decision in no way devalues the lives of those injured or killed at Marjory Stoneman Douglas High School or the harm suffered by their families.”
U.S. Rep. Ted Deutch, whose congressional district includes the Parkland high school, has supported the victims’ families since the tragedy.
He issued a statement Thursday, saying: “Each of the 17 lives taken was unique. The pain felt by each family is unique. Each one of the 17 people injured will face unique challenges for the rest of their lives. And each deserves the right to pursue justice. Sadly, the Supreme Court’s decision denies them that right.”
Under the Supreme Court decision, family members could receive damages exceeding the $300,000 overall cap but would need to persuade the Legislature to pass what are known as “claims” bills. In such bills, the Legislature can direct government
agencies to pay more than what is allowed under sovereign immunity laws, which are designed to shield government agencies from costly lawsuits and set limits on payment amounts.
Alex Arreaza, who represents the family of Anthony Borges, a student who was critically injured at Stoneman Douglas, said their focus has been on a claims bill. He said even if the cap was raised to $200,000 per victim, it doesn’t come close to covering the expenses or losses.
But a claims bill isn’t generally filed until the victims have first won in the courts on the merit of the case. It’s a process that can take years, even a decade or more.
“We always knew this was going to be a long fight,” Arreaza said.
The Supreme Court upheld an earlier decision on the Parkland shooting by Broward Circuit Judge Patti Englander Henning, clearing the way for the school district to resolve the cases for a $300,000 lump sum.