E. The Expansion of Active Shooter Drills Out of the Schools
But schools are not the only arena in which these types of drills are taking place.167 In
fact, many other public and private institutions and businesses are implementing these drills in
order to better prepare their employees and their response plans.168 However, instead of resulting
in better preparedness, some of these drills have sparked legal complaints.169 In Denver,
Colorado, a nurse working at a retirement facility was so traumatized by the drill, which she did
not know was a simulation, that she quit her job and filed a federal law suit against the officer
who conducted the active shooter drill at the facility, as well as against the facility.170
In a similar incident in Florida, a nurse with the Okaloosa County Health Department was
not informed that the active shooter drill being conducted was a simulated exercise.171 The
nurse’s sister filed a complaint with state officials, and according to that complaint, employees
were not informed about the drill, which included a police officer firing blank ammunitions.172
After an investigation, the health department found that no policies were violated, but the nurse
nonetheless intends to file a lawsuit because of the physical effects of the drill—including her
overwhelming belief that she was going to have a heart attack throughout the course of the
simulation.173
Given the reported frequency of these situations and results, it is actually quite surprising
that more lawsuits have not been filed. But with the continuation of surprise tactics such as these,
it seems likely that it will only be a matter of time before some irate parent or teacher lashes back
at school districts and the local law enforcement agencies who aid in carrying out these drills.174
VI. CONCLUSION
When determining the best course of action for proceeding with active shooter drills, it is
important to weigh the benefits of being prepared with the repercussions of traumatized students
and staff. The drills will lose all efficacy if carried out in such a manner that overly traumatizes,
or worse, desensitizes students to the seriousness of their objective, which is to prepare students
for an intruder’s attack. At this point, states with the mandatory active shooter drills would
benefit from providing students, parents, and staff with more information prior to conducting any
drills. A full- scale simulation drill should not be used if the students are not aware that it will
happen prior to its use, nor if the school has not taken preliminary steps to prepare to students,
such as drills and evacuations that do not involve the use of traumatic stimuli. Furthermore, the
schools across the nation would benefit from frank and honest discussions about the realities of
school shootings and how to recognize and be prepared for the danger. Ultimately, student safety
is paramount, but the process by which schools and the states aim to ensure that safety should not
come at the expense of students’ education and well-being.
167 Frosch, supra note 162.
168 See id.
169 Id.
170 Id.
171 Id.
172 Id.
174 Ken Trump, School Active Shooter Drills Trigger Lawsuit and Injury Claims, NAT’L SCH. SAFETY SEC. SERVS. (Sept. 4, 2014),
http://www.schoolsecurity.org/2014/09/school-active-shooter-drills-trigger-lawsuit-injury-claims/.