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$100 Million Suit for Newtown Family at Stake in Attorney's Claim to State

A New Haven-based attorney representing the family of a 6-year-old survivor of the Sandy Hook School shooting says the state failed to protect the children from "foreseeable harm."


Claiming that the state failed to protect Sandy Hook Elementary School from "foreseeable harm," a New Haven-based attorney is seeking permission to file a $100 million lawsuit on behalf of a 6-year-old survivor of the Dec. 14 shooting.

The action comes two weeks after 20 children and six educators were gunned down at the school by 20-year-old Adam Lanza, a Newtown resident who police said ultimately turned the gun on himself. Lanza reportedly shot and killed his mother, Nancy, before driving to the nearby school.

The attorney, Irving Pinsky, filed the request Thursday with Claims Commissioner J. Paul Vance Jr., according to an article by the Hartford Courant.

Because Connecticut has sovereign immunity, the Claims Commissioner must grant permission before the lawsuit could be filed, Pinsky told Patch in a telephone interview Saturday morning.

“I don’t know what’s going to happen here,” he said. "They [claims to the commissioner] generally take a long time."

“There’s plenty of history of them granting permission, but I’m not going to guess out loud what they’re going to do,” he added.

Pinsky is representing a 6-year-old girl identified in the claim as "Jill Doe." The claim says "the state Board of Education, the state Department of Education and the education commissioner failed to take steps to protect the minor children from foreseeable harm," the Courant reports.

It further states that the girl suffered emotional and psychological distress as a result of the things she heard and saw that day.

There are more than 600 students enrolled at Sandy Hook School, which is still closed off as a crime scene while state police continue their investigation. Sandy Hook students will be attending Chalk Hill School in neighboring Monroe for the foreseeable future.

“I’m pretty sure there’s many people who have attorney’s lined up,” Pinsky said.

He is still building evidence for the claim, he said, through interviews with witnesses and looking into any potential prior acts of Adam Lanza. “That’s a big part of figuring what to do with any case,” he noted.

Pinsky, who was born and raised in Connecticut, said he hopes the state and country will take the Newtown tragedy as an opportunity to effect positive change and put in place new measures to protect against future school shootings.

"Society should be on edge," Pinsky said. "Something terrible happened."

He says there seems to be concensus that something needs to be done, but the "ways we do that is what people are arguing about” — whether it's more proactive relations with youngster, gun control, improved mental health treatment or a myriad of other related issues.

"We’ll never have a perfect society in my lifetime," Pinsky said, "but I want to make it better.”

Already, in the days following the shooting, President Barack Obama spoke of the need to do more to protect the country's children during a visit to Newtown. He also appointed Vice President Joe Biden to oversee the policy response to the tragedy.

Recognizing the need for a multi-prong approach and looking to ride the building momentum to effect change, the group Newtown United was formed in the wake of the tragedy. A cross-section of the community, the group has the support of elected officials and is at work refining its mission.

Winston Bernard IV December 30, 2012 at 01:36 AM
Oh my silly friends....When you sue the public schools, you sue all of us, the taxpayers. Cheers!
Guido December 30, 2012 at 01:40 AM
And when you sue me, my insurance company pays, and all of our insurance premiums go up! Duh?!
SteveObs December 30, 2012 at 01:51 AM
What do you think this will acomplish? Money won't change a damn thing.
Amo Probus December 30, 2012 at 01:54 AM
I think I will sue the state for giving a law license to Irving Thiefsky. Clearly CT should be held accountable for failing to protect us from obvious harm. Trouble is, many lawyers become politicians.
Winston Bernard IV December 30, 2012 at 01:58 AM
My good friend Robert....I do not sue frivolously, nor would I ever.
Dennis Johnson December 30, 2012 at 02:06 AM
Blood sucking ambulance chaser. He and the parents he represents should be ashamed of themselves. However these blood suckers have no shame. Hope they are turned down flat without being able to file suit in any court!
Winston Bernard IV December 30, 2012 at 02:27 AM
Fishing possibly. But the parents were not forced to bite. Cheers!
Guido December 30, 2012 at 02:48 AM
My friend Winston, with all due respect, I sincerely believe that if these terrible killings had occurred at my daycare center, everyone would have sued me. That was my point. I don't disagree with you about people being sue crazy. They are! And, unfortunately, Sandy Hook probably can look forward to a class action lawsuit for this terrible tragedy. Our society is too litigious and materialistic. Did you hear one Presidential candidate this past year mention the word "poverty", even though 40 million Americans are living below the poverty level? I didn't.
OldSarg December 30, 2012 at 03:01 AM
Should we sue the makers of gasoline for DUI deaths? How about balloon makers for the deaths of children that inhale them? We should sue people who make water for drownings in pools. . .
OldSarg December 30, 2012 at 03:03 AM
have you noticed that every shooter is mentally challenged? maybe we should sue the government for not locking them up since they were known to be nuts. . .
Guido December 30, 2012 at 03:13 AM
If you had an opportunity to collect $100 million in a lawsuit, you would not sue?! Right! I predict multiple large lawsuits, if not a mega class action lawsuit, against Sandy Hook. Watch the property taxes go way up.
William Brank December 30, 2012 at 04:00 AM
"We’ll never have a perfect society in my lifetime," Pinsky said, "but I want to make it better.” This Pinsky is a monster (in my opinion) and the exact reason our society is in such poor condition. Utopianist or opportunist pick your Pinsky. There will never be a "perfect society" Forced equality has always ended in the death of millions. (got history?) A hundred million dollar lawsuit will not "effect change". The change needs to happen at home in how you look at your personal footprint. Can you raise children, can you support yourself without being a burden on society, do you understand the society you live in, do you leave your property and respect the public's property or others property like it is your own, do you understand the difference between a democracy and a republic, a common wealth and a community, do you understand government, do you understand government is force? There was no way to stop Adam Lanza due to the evolution of his life that led him to that moment. I would say to Irving, there is the public school system, love it or leave it. But if you leave it, you still have to pay for it. They use the budget they have, although its never enough, to do the job at hand. These incidence are few and never seem to hit home until it does. Then the knee jerks come out.
Guido December 30, 2012 at 04:46 AM
Inequality has often led to starvation of the masses and peasants, too. Need I remind you of the peasants starving in France under Louis XVI? So what's your answer? Our present system where the few buy our Congress and elected officials for virtually all of the wealth. Please spare me your tripe.
Elyse December 30, 2012 at 05:04 AM
A $100 million lawsuit, if won, will benefit the attorneys more than the people who are suing. They make out like bandits. While no one can argue that children (and adults) were traumatized, suing the state does nothing. Virtually every business or store faces the same problem: most buildings contain unarmed people. If you want a state that protects you like that, you need to move to a communist country with barbed wires and tower guards. The person who is responsible is the shooter, who is dead, or his mother (who may have given him access to guns - we don't know all the details yet), who is also dead. I hope that the unnamed 6-year-old is getting psychological treatment, and not being forced to go through legal maneuvering to build a case.
Jim Eastwood December 30, 2012 at 05:55 AM
What is to be gained in this suit ?? Figure this out How does the State play a part in this. If the State loses, then who pays???? The State aka you and me How does this bring peace to the families????? How can anyone sue, if the Facts(the report)still has not been completed ?? It,'s guys like this that give the Attorneies a Bad name !!! SHAME on You Mr. Pinsky You are a True "BOTTOM FEEDER" !!!
Esprit de Corps December 30, 2012 at 06:01 AM
J Bauer, get out the fish oil again. More brain cells will disappear if you read this thread.
Baffled Resident December 30, 2012 at 07:56 AM
A quick check of Pinsky on CT's judicial site, [url]http://www.jud2.ct.gov/attorneyfirminq/JurisDetail.aspx[/url], reveals that his law license was suspended by the state from May 2003 to December 2006!
Jim Eastwood December 30, 2012 at 09:20 AM
TO ALL "HEY PINSKY" rather than Sue WHY DON'T you PRACTICE "26 Acts Of Kindness" ?????? This is what Sandy Hook REALLY Wants !!! Open YOUR Heart and Close your wallet for I see ONLY that you have your Interests in MInd !!!!!!!!!!!
William Brank December 30, 2012 at 12:36 PM
Mr. Capelleti, Eqality can't be forced. Ones capacity is natures doing. Forcing equality is taking liberty from one so it can be given to another by force.
Guido December 30, 2012 at 04:34 PM
Mr. Brank, the purpose of the courts is to "enforce" the laws. Laws are supposed to be just. Justice connotes equity, fairness, as well as equality under the law. Justice supercedes liberty as the ultimate criterion of a civilized society. How can one have liberty to break the laws? Please don't tell me you watch Fox News.
Roger Fuller December 31, 2012 at 11:19 AM
Correct, can you site one single elementary schoo; shooting in the USA before God was removed from school? Give it your best, good luck.
Roger Fuller December 31, 2012 at 12:33 PM
Correct, can you site one single elementary school; shooting in the USA before God was removed from school? Give it your best, good luck.
Alethiologist December 31, 2012 at 12:48 PM
RC You might benefit watching FOX news at 6PM each evening hosted by Bret Bair and pay attention to what Charles Krauthammer has to say. Try it for a week or two but be sure to also tune into Chris Matthews and/or Al Sharpton on MSNBC. Compare the 'liberal' socialism rhetoric to center right analysis on FOX. You might become better informed, if you are open to facts that will change your perspective. Happy New Year
Sandra December 31, 2012 at 02:44 PM
Capelletri asks "How can one have liberty to break the laws?" The President seems to think so. He thinks he is above the law. There isn't enough room to list all the laws Obama chooses not to enforce because he decided they are not "just."
Charlene December 31, 2012 at 04:03 PM
so God allowed schools to be blown up by bombs or set fire to? http://en.wikipedia.org/wiki/Bath_School_disaster http://en.wikipedia.org/wiki/Our_Lady_of_the_Angels_School_fire
Roger Fuller December 31, 2012 at 05:56 PM
Charlene, when sin entered into the world through Adam 'falling', along came sickness, death, wars, the wicked etc... Yes, Charlene, God indeed does allow for wickedness to occur which is judgement upon a nation that has 'fallen'. Unfortunately, most of this US Nation has 'fallen away' and deny Him. Many parts of this US Nation accept things that are an abomination to God. I am confident that you know what I am referring to. We see, when we look back in history, what happens to ungodly and wicked nations. Unfortunately, our public school system education does not tell the TRUTH about history, by blatent lies and omissions. If you are a product of the public school system, then indeed you may not know the truth. In fact, the government has been cramming 'Evolution', which is an unsubstantiated conjecture at best, down the throats of our youth in the public school system. Yes, Charlene, many have been deceived. Your comment is proof that you, also, have been largely deceived. 2Chronicles 7:14 "If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land." NOW is better than any time to ask God into your life. This is my prayer for all that are NOT believers in this Nation and others. Blessings.
Roger Fuller January 01, 2013 at 12:00 AM
No one else died and shed His blood for YOUR sins, Go Vegan, then ascended to Heaven and came back. Radical? Huh, not sure I've ever heard that the Holy Bible was radical. No matter how you cut it or slice it, brother, Jesus Christ is the only God. He is Omniscient, Omnipresent, and Omnipotent and undeniable by every definition. He is the First, the Last, the Beginning and the End, the Alpha and the Omega, He always was and He always will be and there's NO denying Him, brother. He said that most will take the easy and wide path, the path of the disobedient, rebelious, and one's who allow sin to rule their life. But His grace is never-ending, His love is abounding, and even though we turn our backs to Him, He is still there knocking on our door awaiting for us to humble ourselves and call Him Father. His plan is a Great one, brother. I promise you that. John 3:16, "For God so loved the world that He gave His only begotten son, that whosoever believeth in Him, shall not perish, but have eternal life." It's NOT a matter of tolerating or judging or ideologies etc...,I am claiming ownership and that IS how it works. I do know God, because I choose to live by His Word (the Holy Bible and only the Holy Bible; nothing added and nothing taken away). Why don't you try it, brother? What do you have to lose? You have ALL to gain: an eternal life in Christ Jesus. For the wages of sin is death, but the gift of God is eternal life in Christ Jesus our Lord. Peace
Jimmy Tooner January 01, 2013 at 12:46 AM
Hey Char, Roger said school shooting, that would be a school shooting. The interesting thing about your wiki posts is that when those two incidents (which where NOT shootings) happened when there was absolutely no gun control laws. Go figure.
Jimmy Tooner January 01, 2013 at 03:11 AM
Hey pro lifer, it was a simple question about school shootings. With a simple answer. There were NO shootings period. Your just using the same political rhetoric that our Congress is using to handicap our country. Put a cork in it.
Abe Stemish January 01, 2013 at 11:18 AM
Mr. Pro life, I have been reading your posts and this one is mighty thin. I was born and raised in Israel. My faith was if you will pre-determined by my parents. Through education and investigation my faith changed. I moved to the United States so that I am able to practice my Christian faith. You are doing a whole lot of presuming here. Have you spent any time studing the different books you have mentioned here. I will "presume" nothing and only believe with knowledge you find truth. Jesus is the way, the light and the truth. I will pray for you in this new year.

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