$100M Newtown School Shooting Lawsuit Dropped

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 2, 2013

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A lawsuit filed on behalf of a young survivor of the tragic Newtown school shooting, has been withdrawn. The $100M suit, filed by attorney Irving Pinsky, was brought against the state of Connecticut for failure to prevent the emotional and psychological injury sustained by an unidentified 6-year-old, reports say. 

Pinsky maintains that he is withdrawing the case in order to evaluate newly surfaced evidence, as the investigation into the massacre continues, according to an article in CT Post. Among the claims is the accusation that Sandy Hook and other education authorities failed to initiate action to protect children from harm; harm that according to the lawsuit, was “foreseeable.” 

Connecticut Attorney General George Jepson has made it clear in his statements to the press that to bring a legal action is not appropriate for the circumstances, according to Reuters. He goes on to say that petitioning the government to change policies would be a more effective path; and that thus far, there is no evidence to support the claim that the school or city was negligent in protecting the students.

In tragedies of this degree, it is human nature to seek out restitution; and the justice system does serve this purpose in many cases. However, many would agree that because the person responsible—the person who should be brought to justice—perished by his own hand, to turn blame on the state in attempt to recover damages may not be the appropriate course of action. It is, however, difficult to speculate how each of us would proceed in such dyer circumstances, be those of the victims’ loved ones or those injured in other unrecoverable ways.

Legally speaking, though, the validity of a claim will be left to the state commissioner, who is qualified to decide which cases are sound enough to proceed to court and which are not. And in this case, the state commissioner along with the Attorney General have determined this lawsuit is, in its current form, baseless. 

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