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Jepsen: State Should Not be Liable for 'Harms Inflicted at Sandy Hook'

Connecticut Attorney General responds to claim filed on behalf of a 6-year-old survivor to obtain permission to sue for $100 million.

 

Attorney General George Jepsen says he is unaware of any facts or legal theories upon which the state should be liable for causing harms inflicted at Sandy Hook Elementary School on Dec. 14.

Jepsen's statement, issued Monday afternoon, comes days after New Haven-based attorney Irving Pinsky filed a claim seeking permission to file a $100 million lawsuit on behalf of the family of an unnamed 6-year-old survivor.

The claim, necessary in the state of Connecticut before the suit could be filed, asserts that the state failed to protect Sandy Hook Elementary School from "foreseeable harm."

"As attorney general, my office has a statutory obligation to defend this claim," Jepsen stated in an email to Connecticut news agencies. "Our hearts go out to this family, and to all the children and families affected by the Newtown shootings. They deserve a thoughtful and deliberate examination of the causes of this tragedy and of the appropriate public policy responses.

"However, the Office of the Claims Commissioner is not the appropriate venue for that important and complex discussion.  Although the investigation is still under way, we are aware of no facts or legal theory under which the State of Connecticut should be liable for causing the harms inflicted at Sandy Hook Elementary School. Nor does the claim letter filed in this case identify a valid basis to support a claim against the state and, by extension, its taxpayers.” 

The claim states that the state Board of Education, the state Department of Education and the education commissoner did not take proper steps to "protect the minor children from harm," the Hartford Courant originally reported. Pinsky's claim states his client suffered pscyhological and emotional distress because of what she saw and heard on Dec. 14.  

That is when 20 children and six educators were gunned down at the school by 20-year-old Adam Lanza, a Newtown resident who police said ultimately shot and killed himself. Lanza reportedly also shot and killed his mother, Nancy, before driving to the nearby school.

Do you think the state or anyone else should be held responsible for the shooting? Tell us in the comments section below. 

woody hoyt January 01, 2013 at 11:26 AM
First of all, the shooter is responsible. (and could we please stop seeing his name in print?) Second, his mother is responsible for having those guns unsecured in her home. And that's it. Well, maybe Pinsky is responsible. What he's doing is beyond belief. Speaking of a person with issues . . .
John January 01, 2013 at 01:03 PM
Pinsky should be ashamed of himself.talk about an ambulance chaser.
John January 01, 2013 at 01:04 PM
People will do anything for money. Pinsky is an ambulance chaser.
Susan Hutchinson January 01, 2013 at 03:54 PM
This is a family seeking $100 million whose child did NOT die!? You are right, the mother is responsible. The school staff was as prepared as they possibly could be, they saved many lives, but no one else or the state could have prevented this horiffic act. Certainly the CT taxpayers are not responsible. Sometimes really bad things happen and there is no logical blame. Sueing isn't the answer, there is no answer. Even though as humans we want to somehow "make it up" to those who lost their lives and their children. That is impossible, it won't change what happened.
Bombur January 01, 2013 at 04:31 PM
Pinsky is a shameful representative of the legal profession. He is smart enough to be getting what he wants, however; his name has been splashed nationwide. This is a country where when something evil happens someone must be found negligent and made to pay. Often bad things just happen, then it's a matter of statistics, not negligence. Unless you're a greedy attention seeker.
Jody Dietch January 01, 2013 at 05:03 PM
If this family wants to pursue the lawsuit, they should not be allowed a penny of the donated funds that are going to help all the families deal with this tragedy. Not only should the attorney be ashamed but any family trying to get personal gain from this is beyond belief.

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