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Lawyer for Newtown shooting survivor seeks to file $100 million lawsuit
NBC News ^ | December 29, 2012 | Mary Ellen Godin, Reuters

Posted on 12/29/2012 7:56:14 AM PST by Uncle Chip

MERIDEN, Connecticut -- A $100 million claim on behalf of a 6-year-old survivor is the first legal action to come out of the Connecticut school shooting that left 26 children and adults dead two weeks ago.

The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire, according to the claim filed by New Haven-based attorney Irv Pinsky.

"As a consequence, the ... child has sustained emotional and psychological trauma and injury, the nature and extent of which are yet to be determined," the claim said.

Pinsky said he filed a claim on Thursday with state Claims Commissioner J. Paul Vance Jr., whose office must give permission before a lawsuit can be filed against the state.

"We all know its going to happen again," Pinsky said on Friday. "Society has to take action."

....................

Pinsky's claim said that the state Board of Education, Department of Education and Education Commissioner had failed to take appropriate steps to protect children from "foreseeable harm."

It said they had failed to provide a "safe school setting" or design "an effective student safety emergency response plan and protocol."

Pinsky said he was approached by the child's parents within a week of the shooting.

...................

(Excerpt) Read more at usnews.nbcnews.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: lawsuit; newtown; sandyhook
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To: TomGuy
The personnel at the school made it as secure as possible. The gub'mnt has building standards that left it less than secure.

This is Connecticut.

Even Virginia failed to address the physical problems and that would take a separate and very costly lawsuit, but there were some whoppers. That's one of the reasons that particular building is no longer used for classrooms.

So, let's start with the problems ~ in CT

(1) failure to use a full courtyard design so that all entry and exit can be controlled.

(2) failure to use bullet proof materials on the exterior ~ to wit, windows were exposed to uncontrolled external environment and were not bullet proof.

(3) failure to make school attendance laws voluntary so the burden of being on the premises fell back on the parents rather than the local school district.

(4) failure to have capable armed personnel on the premises prepared to repel an attack of this nature.

(5) and, most likely, door exit locking systems that are easily frustrated with a simple chain (something to be checked out of course).

Returning to VA a moment, others thinking about these aspects of the situation might turn their attention to wire reinforced glass ~ which KEPT THE COPS OUT OF THE BUILDING at Virginia Tech! They are good for deterring casual theft, but become part of the killing machine when dealing with a nut case!

21 posted on 12/29/2012 8:41:27 AM PST by muawiyah
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To: Uncle Chip

The father of this child chose to send the child to a school that lacked adequate security.

He is at fault.

It’s time to start being smarter. If you want your kids to survive, then don’t send them to a place where they are sitting ducks. Actions have consequences.


22 posted on 12/29/2012 8:45:33 AM PST by chris37 (Heartless.)
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To: TomGuy

Or, they’ll just set up a fund for the taxpayers to “invest” in. The could have a Cabinet-level Department to waste money on such things.


23 posted on 12/29/2012 8:47:05 AM PST by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: Uncle Chip
Hey, their kid ain't dead and they may not need to work for a living anymore. What's not to like>sarc.
24 posted on 12/29/2012 9:03:40 AM PST by TalBlack (Evil doesn't have a day job.)
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To: Uncle Chip

Don’t forget to sue the manufacturer of the intercom.


25 posted on 12/29/2012 9:06:29 AM PST by ILS21R (Everything is a conspiracy. No? You're living in one.)
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To: montag813

I thought the states have sovereign immunity. That means as long as a state agency or subdivision is performing their responsibility under state law, they’re immune from lawsuits.

Under the CT constitution and law, is the dept of education responsible for student safety?


26 posted on 12/29/2012 9:11:31 AM PST by meatloaf (Support Senate S 1863 & House Bill 1380 to eliminate oil slavery.)
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To: chris37

Good point. I say let the socialist lawyers for the socialist parents tear apart their socialist school bureaucracy in their socialist courts. This is the sort of self-destruction that we need.


27 posted on 12/29/2012 9:12:17 AM PST by Dr. Pritchett
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To: muawiyah

Maybe the other schools that see this fiasco with get the message in time!


28 posted on 12/29/2012 9:14:04 AM PST by Dr. Pritchett
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To: muawiyah; Dr. Pritchett

BUMP! BUMP!


29 posted on 12/29/2012 9:16:19 AM PST by PGalt
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To: chris37
no, the state mandatory attendance law required the father to send his kids somewhere ~ and this is the school designated for his kids ~ and if CT had a mandatory school busing law, they'd look at his skin color first to see if he could go there, or had to go somewhere else.

Not once does CT require the children attend schools that are impervious to bullets!

30 posted on 12/29/2012 9:20:14 AM PST by muawiyah
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To: Uncle Chip

100 million dollars for what? For following hte LAW and NOT allowing guns on campus so that staff and guards could protect themselves IF a crazed shooter came onto campus and opened fire? For waitign for the police to show up liek they were LEGALLY suppsoed to do thanks to bleedign heart liberal ‘ideals’ that say it’s better for kidas to be massacred while awaiting the arrival of police because noone on campus is legally allowed to own guns? Is that what this jackass is suing for?


31 posted on 12/29/2012 9:25:29 AM PST by CottShop (Scientific belief does not constitute scientific evidence, nor does it convey scientific knowledge)
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To: Uncle Chip
A $100 million claim on behalf of a 6-year-old survivor is the first legal action to come out of the Connecticut school shooting that left 26 children and adults dead two weeks ago.

I wonder what 'Jill Doe' will get after all of this sueing? I bet not $100 Million...

As the Bible said: 'First Kill the Lawyers'

32 posted on 12/29/2012 9:31:29 AM PST by ExCTCitizen (More Republicans stayed home then the margin of victory of O's Win...)
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To: Uncle Chip
school districts should definitely be held accountable for their ridiculous and inept ‘gun free zone’ security strategy. $100 million? no
33 posted on 12/29/2012 9:36:48 AM PST by paul51 (11 September 2001 - Never forget)
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To: Uncle Chip

Do schools have any greater obligation than the police to protect individuals? The Supremes have settled that one in that the police do not have any such obligation.


34 posted on 12/29/2012 9:38:50 AM PST by Steamburg (The contents of your wallet is the only language Politicians understand.)
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To: muawiyah

Somewhere - Well he chbose to send them to a place that had inadequate security.

He could have chosen another location. Even out of state.

Would it be more expensive? Yes, but so what? You want your money or your kids? Which is more important to any of us?

Who cares what the state of CT requires? What did this father require?

The answer is not enough, and it cost him.


35 posted on 12/29/2012 9:40:01 AM PST by chris37 (Heartless.)
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To: Gaffer

I agree. We, the law-abiders, have to think like the Bad Guys. We, the parents and grandparents, need to do a little tour of our schools, looking thru the eyes of a bad guy. And then we need to ask our schools “Why?”

Perhaps, the next time my school district asks for a million dollar bond to build a new performance center and gets an epic fail at the polls, they’ll rethink their priorities. If they’d said “we need cameras, we need to harden our buildings, we need to train our teacher to KEEP YOUR KIDS SAFE” the proposal would have passed.

As for this suit, I hope it’s really about waking people up and making the schools safer. I truly, truly hope the parents are really not just after the money.


36 posted on 12/29/2012 9:44:55 AM PST by blu
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To: chris37

The state of CT failed to inform him of the fact the public schools were inherently unsafe ~ they are all located within Biden Free Fire Zones!


37 posted on 12/29/2012 10:11:25 AM PST by muawiyah
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To: CottShop
The fact that the law is totally inadequate to perform in a manner consistent with its declared intent is no excuse for actually obeying it. Any rational person could see that this school is surrounded by windows! That the madman chose the front door to try to get in irrelevant.

When the Gub'mnt created the Free Fire Zone they took on the obligation to enforce it ~ and they didn't!

Time to hit the state of CT and its Democrat voters with a ruinously crushing law suit!

38 posted on 12/29/2012 10:16:29 AM PST by muawiyah
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To: muawiyah

No, muawiyah.

He failed to inform himself.

If this has become a country of people waiting for government to do something for them that they should have done themselves, I am not going to waste even a second feeling sorry for them.

This man doesn’t even seem smart enough to learn from his mistake, instead he seeks to profit from it.


39 posted on 12/29/2012 10:22:44 AM PST by chris37 (Heartless.)
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To: chris37
CT commited an act of fraud against him and millions of others.

It's time for ruinous suits against that state ~ make it impossible for anyone to live there ~ reduce it to briar patches and berry bogs.

Populate it with wild pigs mountain lions.

40 posted on 12/29/2012 10:47:47 AM PST by muawiyah
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