The families of most of those killed and wounded in the 2018 Florida high school massacre announced Monday have reached a multi-million dollar settlement with the federal government over the FBI’s failure to stop the gunman even though it had received information he intended to attack.
The attorneys said the settlement’s details are confidential, but a person familiar with the deal said the government will pay the families $127.5 million overall. The person requested anonymity because they were not authorized to discuss the amount.
A couple of questions about this:
What is the legal basis for the government being on the hook for failing to act? I had thought it was pretty much accepted that the police have no legal obligation to protect anyone (see e.g. DeShaney v. Winnebago County - Wikipedia). I would think if this type of thing is the legal basis for a tort, then virtually any crime victim might sue various authorities who should have done a better job. (The Waukesha parade massacre victims being just an example from today’s news.)
Where does the money for this type of thing come from? Is there some government department which has vast amounts of money lying around waiting to pay off $127M legal settlements?