November 6, 2009

Military Law Expert Available to Discuss Fort Hood Shootings

Suspected shooter likely to face court-martial, military victims have little recourse.

In the wake of the Thursday (Nov. 5) shootings at Fort Hood, Texas, the legal issues affecting the victims, their families and the alleged shooter will become the next chapter of this tragedy.

Richard Rosen, vice dean and professor at Texas Tech University’s School of Law, is a military law expert available to discuss what those issues might be and how in a military setting, legal issues are approached differently than in a civilian setting.

“As a soldier, the perpetrator will likely be tried by court-martial,” Rosen said. “Most of Fort Hood is on land on which the federal government exercises exclusive jurisdiction. Therefore, state courts will not be involved.

“Soldiers wounded or killed have no legal recourse against the Army or federal government—their claims are barred by Supreme Court precedent. Whether civilians may sue depends upon their status.”

Rosen is willing to address the issue of the potential lawsuits if necessary.

Rosen was Staff Judge Advocate of III Armored Corps at Fort Hood from 1999-2001. He also had a previous assignment as Staff Judge Advocate of the 1^st Cavalry Division at Fort Hood from 1992-1994.

Rosen can be reached at (806) 742-3990 ext. 303 or at richard.rosen@ttu.edu.

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CONTACT: Leslie Cranford, senior writer, Office of Communications & Marketing, (806) 742-2136, or leslie.cranford@ttu.edu.