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Uvalde shooting victims' families reach $2M settlement with city, file new $500M case against Texas officials

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Uvalde shooting victims' families reach M settlement with city, file new 0M case against Texas officials

The families of 19 victims of the Uvalde, Texas, elementary school shooting filed a $500 million lawsuit in federal court Wednesday against 91 Texas Department of Public Safety (DPS) officers and the local school district, deeming their response to the 2022 massacre the “single greatest failure of law enforcement to confront an active shooter in American history.”

The lawsuit comes just two days short of the two-year anniversary of the May 22, 2022 shooting at Robb Elementary School, where 18 fourth grade students and two teachers were killed. More than 370 federal, state and local officers converged on the scene, but they waited more than 70 minutes before a team led by Border Patrol agents confronted and killed the 18-year-old gunman, identified as Salvador Ramos. 

Uvalde School District, former Robb Elementary Principal Mandy Gutierrez and former Uvalde Schools Police Chief Peter Arredondo are also named as defendants. 

“Nearly 100 officers from the Texas Department of Public Safety have yet to face a shred of accountability for cowering in fear while my daughter and nephew bled to death in their classroom,” Veronica Luevanos, whose daughter Jailah and nephew Jayce were killed, said in a statement reported by the Texas Tribune. 

DPS Director Steven McCraw previously deemed the police response an “abject failure” but has levied discipline against just two of the 91 state police officers who were at the scene, the Wall Street Journal reported.

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It was also announced Wednesday that the city of Uvalde agreed to pay the 17 families of children who were killed and two families of children who were wounded a $2 million settlement. To avoid litigation, the city also agreed to overhaul the Uvalde Police Department, including by implementing a new “fitness for duty” standard for officers, to be developed in coordination with the Justice Department, and by providing enhanced training for current and future police officers. Per the settlement terms, May 24 will be dedicated as an annual day of remembrance, and city officials will work with victims’ families to design a permanent memorial. 

UVALDE SCHOOL SHOOTING: ONE YEAR LATER

“You think the city of Uvalde has enough money, or training, or resources? You think they can hire the best of the best?” Josh Koskoff, an attorney for the families, said at a press conference. “As far as the state of Texas is concerned, it sounds like their position is: You’re on your own.”

According to the Tribune, the lawsuit seeking $500 million in damages must overcome the hurdle of qualified immunity, a doctrine that largely shields law enforcement from being sued over their jobs. 

“We think that this situation where kids, after all, are required to lock down in their classrooms, their freedom is constrained,” Koskoff said. “In this situation we feel like qualified immunity is not applicable.”

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Investigators search for evidence outside Robb Elementary School in Uvalde, Texas, on May 25, 2022 following a shooting at the school. (AP Photo/Jae C. Hong, File)

It is the first lawsuit to be filed after a 600-page Justice Department report was released in January that cataloged “cascading failures” in training, communication, leadership and technology problems that day.

The lawsuit notes that state troopers did not follow their active shooter training or confront the shooter, even as the students and teachers inside were following their own lockdown protocols of turning off lights, locking doors and staying silent.

“The protocols trap teachers and students inside, leaving them fully reliant on law enforcement to respond quickly and effectively,” the families and their attorneys said in a statement.

Terrified students inside the classroom called 911 as agonized parents begged officers, some of whom could hear shots being fired while they stood in a hallway, to go in. 

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“Law enforcement’s inaction that day was a complete and absolute betrayal of these families and the sons, daughters and mothers they lost,” Erin Rogiers, one of the attorneys for the families, said. “TXDPS had the resources, training and firepower to respond appropriately, and they ignored all of it and failed on every level. These families have not only the right but also the responsibility to demand justice.”

A criminal investigation into police response by Uvalde District Attorney Christina Mitchell’s office is ongoing. A grand jury was summoned this year, and some law enforcement officials have already been called to testify.

Families of Uvalde victims

Families of the Robb Elementary School shooting victims listen to attorney Josh Koskoff during a news conference on Wednesday, May 22, 2024, in Uvalde, Texas. (AP Photo/Eric Gay)

The state police response was second only to U.S. Border Patrol, which saw nearly 150 agents respond. The list of DPS officials named as defendants includes two troopers who were fired, another who left the agency and several more whom the agency said it investigated, according to The Associated Press. The highest ranking DPS official among the defendants is South Texas Regional Director Victor Escalon.

The Texas DPS told the AP that the agency would not comment on pending litigation.

TEXAS OFFICIALS: UVALDE SHOOTING REPORT REVEALS ‘MULTIPLE SYSTEMIC FAILURES’

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A separate lawsuit filed by different plaintiffs in December 2022 against local and state police, the city, and other schools and law enforcement, seeks at least $27 billion and class-action status for survivors. Additionally, at least two other lawsuits have been filed against Georgia-based gun manufacturer Daniel Defense, which made the AR-style rifle used by the gunman.

The families said the settlement with the city was capped at $2 million because they did not want to bankrupt the city where they still live. The settlement will be paid from the city’s insurance coverage.

“The last thing they want to do was inflict financial hardship on their friend and neighbors in this community. Their friends and neighbors didn’t let them down,” Koskoff said. 

The city of Uvalde released a statement saying the settlement would bring “healing and restoration” to the community.

Women wears a t-shirt saying Uvalde police failed our children

Attorney Josh Koskoff and the families of the Robb Elementary School shooting victims hosted a news conference on Wednesday, May 22, 2024, in Uvalde, Texas. (AP Photo/Eric Gay)

“We will forever be grateful to the victims’ families for working with us over the past year to cultivate an environment of community-wide healing that honors the lives and memories of those we tragically lost. May 24th is our community’s greatest tragedy,” the city said.

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Howerver, Javier Cazares, the father of slain 9-year-old Jackie Cazares, noted that the announcement, which was made in the same Uvalde Civic Center where the families gathered to be told their children were dead or wounded, was sparsely attended.

“On the way over here, I saw the sticker, which I see everywhere, ‘Uvalde Strong.’ If that was the case, this room should be filled, and then some. Show your support. It’s been an unbearable two years,” he said. “No amount of money is worth the lives of our children. Justice and accountability has always been my main concern.”

The Associated Press contributed to this report. 

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Southwest

Fox News Poll: Voters' choice has flipped in Arizona since last month

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Fox News Poll: Voters' choice has flipped in Arizona since last month

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Former President Trump is narrowly ahead of Vice President Kamala Harris in the presidential contest in Arizona, as the Democratic nominee loses ground among women, Hispanics and young voters.

A new Fox News survey of Arizona voters finds Harris trails Trump by 3 percentage points among likely voters in both the two-way matchup (48%-51%) and the expanded ballot that includes third-party candidates (47%-50%, with 3% backing other candidates). While 9 in 10 say their vote choice is locked in, both Harris and Trump have a handful of supporters saying they may change their mind.  

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In August, Harris was up by 1 point in the horse race among registered voters (50%-49%), while she’s down by 2 points today (48%-50%). All of these matchups are within the margin of error. 

The 3-point shift among registered voters is mainly due to movement among young voters, women and Hispanics.  

Since August, Harris’ 18-point lead among Hispanics has narrowed to 11 points and her 14-point edge among women is down to 8 points. What was a 13-point advantage for Harris among voters under age 30 is now a 12-point deficit, a 25-point shift. These changes are notable, even given that estimates among subgroups are more volatile.

HARRIS-TRUMP SHOWDOWN: THE EDGE IS CLEAR ON THIS KEY ISSUE

Trump tops Harris among Whites without a college degree, rural voters and independents. He has a narrow edge among suburbanites because more suburban men back him than suburban women favor Harris. And, by just a touch, more of his 2020 voters stick with him than Biden’s 2020 voters back Harris.

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Harris has strong support among those ages 65 and over, voters with a college degree and urban voters, and still receives majority backing among women and Hispanics. Plus, 1 in 4 non-MAGA Republicans favors Harris over Trump.  

By a 51%-46% margin, Trump leads among new voters, defined as those who haven’t voted in the four most recent elections.  

“Arizona is looking tougher for Harris than a month ago,” says Democratic pollster Chris Anderson, who conducts Fox News surveys with Republican Daron Shaw. “If young voters and Hispanics don’t make a U-turn, it’s hard to see how she walks away with a win.”

More Arizona voters trust Trump than Harris to handle immigration (by 15 points) and the economy (+8). Those are significant leads, and they match where things stood last month — but compared to his June leads over President Biden, Trump’s advantage is down 5 points on immigration and down 7 points on the economy.  

Trump is also seen as being better at making the country safe by 7 points.  

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There’s little difference between the candidates on who will better protect democracy (Harris +3), help the middle class (Harris +2), fight for people like you (Harris +2), and bring needed change (Trump +1). 

Harris leads Trump by 15 points on handling abortion, down from her 22-point lead last month. 

More than 7 in 10 Arizona voters favor the state’s proposed constitutional amendment establishing the right to an abortion, including more than two-thirds of independents and half of Republicans. 

The two candidates are about equal in personal favorable ratings. Harris gets net negative marks by 3 points (48% favorable, 51% unfavorable), while Trump’s are negative by 5 points (47%-52%). For the vice-presidential candidates, Minnesota Gov. Tim Walz’s ratings are negative by just 1 point (42%-43%) with 15% unable to rate him. Ohio Sen. JD Vance’s favorable rating is underwater by 7 points (40%-47%) and 12% have no opinion.  

Trump won Arizona in 2016 by about 3.5 percentage points, while Biden’s 2020 victory was by less than half a percentage point.

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In the Senate race, Democrat Ruben Gallego tops Republican Kari Lake by more than 10 percentage points: 55%-42% among likely voters and 56%-42% among registered voters. Gallego is preferred across most demographic groups, but women voters are a big part of what gives him the advantage as they back him over Lake by a 23-point margin. He also receives the support of 6 in 10 independents and nearly 2 in 10 Republicans.

FOX NEWS POLL: VOTERS CITE HIGH PRICES AS BIGGEST MOTIVATOR TO VOTE

Some 15% of Gallego supporters split their ticket and back Trump in the presidential race. Some of the biggest ticket splitting is among independents, who are 16 points more likely to back Gallego than Harris, and Republicans (10 points more for Gallego). Among those voters favoring Lake, only 3% go for Harris.

Poll-pourri

Early voters are more likely to back Harris by 11 points, while Trump is favored by 30 points among the smaller group of Election Day voters.

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Biden’s personal favorability is negative by 21 points, 39% favorable vs. 60% unfavorable. That’s a big decline from four years ago when his ratings were positive by 2 points (June 2020).  

 

Thirty percent rate the U.S. economy positively, up from 25% who said the same four years ago.          

CLICK HERE FOR TOPLINE AND CROSSTABS

Conducted Sept. 20-24, under the joint direction of Beacon Research (D) and Shaw & Company Research (R), this Fox News Poll includes interviews with a sample of 1,021 Arizona registered voters randomly selected from a statewide voter file. Respondents spoke with live interviewers on landlines (147) and cellphones (616) or completed the survey online after receiving a text (258). Results based on the registered voter sample have a margin of sampling error of ±3 percentage points ,and for the subsample of 764 likely voters it is ±3.5 percentage points. Weights are generally applied to age, race, education and area variables to ensure the demographics of respondents are representative of the registered voter population. Likely voters are based on a probabilistic statistical model that relies on past voting history, interest in the current election, age, education, race, ethnicity, church attendance and marital status.

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Fox News’ Victoria Balara contributed to this report.

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Southern California thieves drill into vehicles to steal gasoline

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Southern California thieves drill into vehicles to steal gasoline

An Inland Empire resident is warning others after thieves targeted and drilled into her vehicle to steal gasoline.

The incident occurred on Sept. 19 as Heather Velasco parked her truck outside Kindred Hospital in Rancho Cucamonga where she works.

Later that day, she and a coworker were heading out to lunch when she approached her truck and noticed a strong gasoline odor.

Thinking it was emanating from a nearby diesel truck, they got into the car and began driving but immediately, Velasco knew something was wrong. Her truck was only three years old, so she was surprised anything would be malfunctioning.

“We drove across the street and my car started sputtering,” she recalled.

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She eventually pulled over and that’s when she discovered someone had drilled into her truck’s fuel tank to empty the vehicle.

  • The thieves drilled a hole into the truck's fuel tank from underneath the victim's truck. (KTLA)
  • Heather Velasco is seen outside her truck and sharing her story with KTLA's Shelby Nelson after thieves drilled holes into her car's fuel tank to steal gasoline. (KTLA)
  • A suspect was arrested in Upland for  attempting to steal gasoline from a box truck's fuel tank on Sept. 23, 2024. (Upland Police Department)
  • A suspect was arrested in Upland for  attempting to steal gasoline from a box truck's fuel tank on Sept. 23, 2024. (Upland Police Department)

“I just looked under and sure enough, there was a hole and it was leaking gas and then I looked up and I saw another hole,” she said.

Velasco called the police and had her truck towed away. She was left with costly repairs in the aftermath — pay $4,000 upfront to fix the damages or pay a $1,000 deductible with an increase to her insurance premium. She chose to fix her truck by claiming her insurance.

She was also left without a car for a week which meant relying on others to drive her three children to school and at times, missing out on shifts at her workplace.

“It’s hard times,” Velasco said. “We’re living in times where everything is inflated. Trying to raise a family and trying to do things right. You’re not getting anywhere because you got these criminals on the run and they’re just doing whatever they want.”

Police noted there have been several cases of gas siphoning in the area since 2023.

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In nearby Upland, police arrested a man on Sept. 23 for allegedly trying to steal gas from a box truck on the 800 block of North Mountain Avenue.

Velasco said she’s thankful no one was hurt, but is now worried that she can’t safely park her truck anywhere without fear of being targeted again.

“We should be able to go in, clock in and feel like your stuff is safe out there,” she said of parking at her workplace.

Local police recommend protecting your vehicle by having an active alarm system to deter thieves and parking near security cameras when possible.

“If you have access to it, park in a secure location like a garage or gated area, then that would be best, but otherwise parking underneath a lit area [would also be helpful],” said Upland Police Sgt. Eric DiVincenzo.

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No suspect has been arrested so far as the incident remains under investigation.

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Arizona homeschooling moms say state imposing burdensome regulations with policy change: 'Feels deliberate'

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Arizona homeschooling moms say state imposing burdensome regulations with policy change: 'Feels deliberate'

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Arizona homeschooling parents are accusing the state of imposing burdensome regulations on families after Democratic Attorney General Kris Mayes cracked down on the state’s voucher program requirements this summer.

Homeschooling moms Velia Aguirre and Rosemary McAtee are plaintiffs in a new lawsuit, filed by The Goldwater Institute, against the state of Arizona, Arizona Department of Education and Superintendent Thomas Horne. Aguirre and McAtee participate in the school’s Empowerment Scholarship Account “ESA,” which gives homeschooling families 90% of state taxpayer dollars that would otherwise go to the public school district or charter schools to purchase educational materials, including books and supplemental materials, for their children’s schooling.

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The suit alleges that in July, AG Mayes issued “legal threats” to the Department of Education to make sure every ESA purchase had a curriculum tied to it. Goldwater says that the education department is now rejecting reimbursement requests from ESA families for the purchase of “basic educational materials,” including things like pencils and erasers, “unless parents could provide an explicit ‘curricular’ document justifying the use of each specific book title or material for their child.” 

“It’s very hard. Because I’m spending several hours a week developing curriculum for things I’ve never had to develop curriculum for when I was a district employee or being in the program for four years,” Aguirre told Fox News Digital. 

“So it’s cumbersome. It’s really time-consuming. It’s burdensome,” she added. “It feels like I have to present this false narrative of developing a curriculum for erasers or pencils or colored markers.”

Arizona homeschooling parents Velia Aguirre, left, and Rosemary McAtee, right, are suing the state of Arizona and Department of Education over new requirements to the state’s Empowerment Scholarship Account “ESA” program that they say imposes burdensome regulations on parents. (The Goldwater Institute)

ARIZONA SUPREME COURT RULES 98,000 PEOPLE WHOSE CITIZENSHIP IS UNCONFIRMED CAN VOTE IN PIVOTAL ELECTION

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“It’s just odd because the attorney general just seems to lack a lot of knowledge with the whole ESA program entirely. It’s really causing strain, and it feels deliberate, being imposed on families that already have it hard educating children with developmental delays,” Aguirre said.

Aguirre teaches her three boys with special needs at home and draws on her experience as a former public school Special Education teacher to develop lessons, activities and goals tailored to each of her children’s specific needs. But the lawsuit says when she submitted receipts for several educational materials, including the classic novel, “Where the Red Fern Grows;” a periodic table of elements; math and spelling activity books; and pencils and erasers to the department in August, her reimbursement request was denied.

Parents are already required to submit expense receipts for every item purchased with the scholarship funds, the suit says. It alleges the new requirement imposes a burden on parents that “violates state law and state regulations” while adding to the “backlog of tens of thousands of purchase orders awaiting review” and puts a “senseless burden” on parents.

The second plaintiff, Rosemary McAtee, has homeschooled seven of her nine children with funding from the ESA program since 2019. She also had her purchases denied by the state after she bought four books, including the children’s classic “Brown Bear, Brown, Bear What Do You See?,” and a Catholic Encyclopedia for Children. 

Both moms appealed these denials, the suit shows, but the Board of Education denied them, citing the need to provide a formal curriculum that includes these books.

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homeschooling a child

Arizona homeschooling parents in the suit say the state has made their jobs much tougher with new regulations. (iStock)

WEST COAST EXODUS DRIVING SURGE IN HOMESCHOOLING IN DEEP RED STATE CALLED ‘FREEST’ IN NATION

“I honestly am kind of afraid to buy anything now because if they can change the rules at the drop of a hat, and break the law, – it does break the law that the legislature put in 2020 — it just leaves me with a question mark of, ‘Am I going to be stuck carrying thousands of dollars that I’m waiting to be reimbursed on, and then they’re going to deny me, even if it meets my contract to my curriculum?’” McAtee told Fox News Digital.

According to Goldwater, Arizona lawmakers added clarifying language in 2020 to the law ensuring supplemental material that is not explicitly tied to a curriculum would not be denied to families in the ESA program. Additionally, they say the State Board of Education has also “approved rules for the program explicitly permitting the purchase of these materials without additional documentation.”

A spokesman for Attorney General Kris Mayes’ office told Fox News Digital that they are simply enforcing the law and the requirement is meant to encourage transparency and accountability in how taxpayer dollars are spent.

“The Attorney General has simply stated what is required by law. The law doesn’t prevent parents from purchasing paper and pencils, but it does require that materials purchased with ESA funds be used for a child’s education. With instances of voucher dollars being spent on things like ski passes, luxury car driving lessons, and grand pianos, it’s clear that providing documentation on spending is essential to prevent the misuse of taxpayer funds. Attorney General Mayes believes Arizonans deserve full transparency and accountability in how their tax dollars are used and will continue to fight for accountability and oversight in the voucher program,” the spokesperson said.

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The AG’s July letter came after local news investigations found ESA funds were used by some families for karate lessons, golf gear and even passes to a ski resort. 

Five adults, three of whom were former employees of the Arizona Department of Education, were also indicted in February for using fraudulent documents to obtain funds from the ESA program. 

Aguirre said these reports have “fueled” negative stereotypes she said are wrong about the majority of homeschooling families enrolled in ESAs. 

When reached for comment, the Arizona Department of Education provided the following statement from Superintendent Tom Horne:

“The Department of Education concedes the argument of the Goldwater Institute. When this issue first arose in July, my concern was that the Attorney General could force Empowerment Scholarship Account holders to return funds if they did not comply with her office’s interpretation of the law. This lawsuit will settle the issue in court and my sincere hope is that the arguments made by Goldwater will prevail,” Horne said.

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