Following the tragedy that claimed 26 lives in Newtown, Conn., it is inevitable there will be an onslaught of civil lawsuits against various people and organizations that some may deem culpable for the shooting spree.

As we saw shortly after the Aurora, Colo. movie theater massacre in July, a significant number of claims were presented for personal injury, emotional distress and wrongful death. Undoubtedly, similar claims will arise in the wake of what happened at Sandy Hook Elementary School. What makes this case more challenging is the location: a government-funded school, where sovereign immunity potentially plays a role in limiting damages.

Under the common-law sovereign immunity doctrine in the United States, a state cannot be sued without its consent. Municipalities do not have sovereign immunity, though they have limited immunity for discretionary actions, as do municipal officers and employees, except when conduct results in foreseeable injury.

In addition to the laws regarding liability and immunity for the state and municipalities, Connecticut law requires local and state boards of education to pay any claims against teachers resulting from injury, death, property damage or deprivation of civil rights occurring in the course of the individual's duties, so long as the individual's actions were not reckless, wanton or malicious.

While Newtown, Conn. is described as a small, safe and quaint town tucked in the hills of affluent Fairfield County, it has been widely reported that the district had recently instituted new safety protocols designed to prevent the very type of tragedy that occurred. What is not known with certainty at this point is whether the protocols were followed. This could potentially give rise to a cause of action against the school district.

The investigation is ongoing, but according to law-enforcement officials and various media outlets, it appears that the gunman, Adam Lanza, avoided such protocols by breaking a window and entering the school. The school's principal confronted Lanza, who then gunned her down. With this line of defense disabled, the school and its inhabitants became the victims of a deadly rampage by a troubled 20-year-old.

Liability and Litigation

There will be plenty of blame spread around. Could the state have done more to identify the mentally ill Lanza and proactively treat him for his disorders? Should the gun dealers be held accountable, despite the fact that those guns were registered to Lanza's mother, who he shot before stealing the weapons? Could the school have done more to prevent the tragedy from occurring? Were there counselors Lanza was seeing who may have had an indication of his potential for violence?

In the wake of the Colorado movie-theater massacre, an uninjured Torrance Brown sued Century Theaters, the doctors of James Holmes, the suspected killer, and Warner Brothers. Brown alleged the theater emergency door should have had an alarm, the doctors should have seen the killer's violent tendencies, and Warner Brothers caused the mayhem by virtue of creating violent movies in the past that gave Holmes destructive ideas.

Earlier this year, a jury awarded $4 million each to two families who sued Virginia Tech after the 2007 massacre at that school. In suing the state, the families' lawyers had argued the school should have notified the student body sooner after learning that two students had been found dead earlier in the day in an on-campus dormitory prior to Seung Hui Cho going on to kill 30 other people.

What is a certainty is that lawsuits will arise from the Connecticut shootings. Some will be justified. More than likely, the school district will be at the top of the list. But could the school have done more? Do we want our schools to have armed security on the premises? Do we want entrants to schools to be required to pass through metal detectors? Do we want alarms on every window?

As the inevitable litigation begins, it creates a particular challenge for those defending such actions where the sympathy factor will likely play a significant role in outcomes. It will be extremely difficult to stand in front of the parents and relatives of victims and try to deny them compensation. After all, how do you put a value on a child's life?

Special Reports /

A Look at the Civil Litigation Sure to Arise from the Newtown Shooting

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