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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.

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Lois Imbriano Barber May 19, 2013 at 05:40 pm
I remember years ago that not all of the information about the Kennedy death and assassination wouldRead More not be unsealed until 2017, so why not be able to seal the records of these deaths for the same amount of time?
Lois Imbriano Barber May 18, 2013 at 08:24 pm
To further support my support of Aurelia, the letter above states it was the New York Post thatRead More wanted the details. Good for you town clerk! I goggled the Connecticut Council on Freedom of Information and they are indeed nothing more than a non-profit group. They are not a government agency. And an inept one - their own website is a mess. What clowns.- http://ctcouncilfoi.org/
Jeff May 18, 2013 at 02:50 pm
Town Clerk Aurelia is already causing the town to needlessly spend money defending her derelictionRead More of duty: "An attorney representing the town, with the law firm Cohen and Wolf, issued an opinion in response to the, (New York), Post's request stating that the public is only allowed to view death and marriage certificates that are "at least one hundred years old." Cost aside she is pushing for a state law that would restrict access to a minors birth certificate for 6 months, she originally wanted them sealed for 10 years. The only thing the proposed law is going to accomplish is the healing that has been accomplished is going to be undone when the seal expires. This is much ado about nothing. http://www.newstimes.com/local/article/Newtown-officials-withhold-death-certificates-4526713.php