NAS Pensacola Terrorism Lawsuit: Eleventh Circuit to Hear Appeal Challenging Saudi Arabia’s Immunity on June 3

JACKSONVILLE, FLORIDA (May 29, 2024) — On the morning of June 3, 2025, the U.S. Court of Appeals for the Eleventh Circuit will hear oral argument on the appeal of the lawsuit victims and their families filed against the Kingdom of Saudi Arabia after a Royal Saudi Air Force (“RSAF”) officer went on a shooting rampage at Naval Air Station Pensacola, Florida, on December 6, 2019. 

The argument will take place in the Gerald B. Tjoflat Courtroom (13th Floor) of the United States Courthouse located at 300 North Hogan Street, Jacksonville, Florida.

The date of the shooting coincided two years to the day with President Trump’s announcement on December 6, 2017, declaring Jerusalem the capital of Israel. It also marked the first time since the attacks of September 11, 2001, that al Qaeda in the Arabian Peninsula had been involved in a terrorist attack on U.S. soil. 

The shooter, Mohammed Saeed Al-Shamrani, a Second Lieutenant in the RSAF, murdered three U.S. servicemembers and severely injured four U.S. Navy servicemembers, a Navy civil servant, seven Escambia County Sheriff’s deputies, and a member of the Department of Defense Police Force. 

Al-Shamrani was at NAS Pensacola for flight training under a Security Cooperation Education & Training Program administered under U.S. foreign military sales to Saudi Arabia. In the wake of the shootings, the U.S. Department of Justice declared the incident to be an act of international terrorism.

All the victims, and in the cases of those killed, their families, filed a civil complaint against the Kingdom of Saudi Arabia on February 22, 2021, in the U.S. District Court for the Northern District of Florida in Pensacola, pleading 19 causes of action, all of which seek to hold the Kingdom civilly liable for the acts of its military officer. 

In extended motions practice, the Kingdom sought to dismiss the suit on grounds of immunity under the U.S. Foreign Sovereign Immunities Act (“FSIA”). On March 30, 2024, the U.S. District Court granted the Kingdom’s motion, and the victims and their families timely filed an appeal with the Eleventh Circuit.

Jeffrey E. McFadden, an attorney who is representing the estate and parents of a young naval officer killed in the terrorist shooting rampage at NAS Pensacola, as well as four other servicemembers and a civilian injured in the attack, commented:

“No sovereign should be permitted to hide behind immunity after accepting an avowed member of Al Qaeda into its military, elevating him to an officer’s rank, and selecting him to come to the U.S. for a ‘special mission’ that, in fact, was an act of terrorism. The Eleventh Circuit now has the opportunity to ensure that the victims get their day in court and that justice in the United States is not for sale, not to allies and not to enemies.”

In addition to raising important questions about a foreign sovereign’s civil liability for an act of international terrorism on U.S. soil, the appeal raises a number of questions regarding the Foreign Sovereign Immunities Act—including the meaning of certain provisions of the Justice Against Sponsors of Terrorism Act (JASTA) of 2016. This law was specifically passed by Congress to allow terrorism victims to sue Saudi Arabia for its suspected role in the 9/11 terror attacks. In practice, JASTA permits civil claims against a foreign state or official for injuries, death, or damages from an act of international terrorism.

Chris Paulos, attorney at Levin Papantonio and head of the firm’s counterterrorism division, commented: 

“This case isn’t just about a horrific act of terror—it’s about whether foreign governments can foster violent extremism without facing any legal consequence. Immediately after the attack, President Trump and the Saudi Royal Family publicly assured the victims that they would be made whole, but instead the Kingdom has ignored its promises, denied all accountability, and forced the victims to endure years of litigation.”

Chris Paulos joined Levin Papantonio in February 2011 and has developed a diverse practice that includes pharmaceutical, medical device, and environmental mass torts, as well as catastrophic personal injury, qui tam/false claims cases, and counter-terrorism/human rights litigation. 

The Levin Papantonio law firm has been representing injured people across the globe since 1955. The firm has gained national recognition as one of the most successful personal injury firms in the world and has been featured on CNN, NBC, ABC, CBS, and Fox, as well as in Wall Street Journal, New York Times, Time Magazine, Forbes, and National Law Journal.

Levin Papantonio attorneys handle lawsuits throughout the country involving veterans' claims, prescription drugs, medical devices, medical malpractice, car accidents, and business litigation. Levin Papantonio has helped obtain over $80 billion in jury verdicts and settlements, litigating against some of the largest corporations in the world.

For questions about the firm’s legal practice, call 1 (800) 277-1193.

Jeffrey E. McFadden is a veteran trial, appellate, and enforcement lawyer with more than 35 years of experience litigating cases on behalf of individual and corporate clients in state and federal courts and military and civilian administrative forums across the country. He has led or been involved in multiple internal investigations on behalf of healthcare, financial services, insurance, and other corporate and individual clients, including the Special Investigative Committee of the Board of Directors of Enron Corp.