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Newtown School Shooting Lawsuit Notice Withdrawn By Attorney

Sandy Hook memorial

Newtown, CT — The attorney who planned to file a $100 million lawsuit against the state of Connecticut for damages on behalf of a surviving Sandy Hook Elementary School student is putting the legal action on hold.

New Haven lawyer Irv Pinsky was seeking permission from the state to sue on behalf of six-year-old “Jill Doe” (a legally acceptable pseudonym in a sensitive case) for emotional and psychological trauma and injury as a result of the December 14 shooting rampage. His client is said to be traumatized after hearing “cursing, screaming, and shooting” over the school intercom when the perpetrator commenced his massacre two weeks ago.

Pinsky now says he is dropping the request to bring a case against the state Board of Education, the state Department of Education, and the Education Commissioner for failing to protect the child from foreseeable harm, but the legal hiatus likely will only be temporary.

According to the Hartford Courant,

“Irving Pinsky said that he withdrew the filing because he received new evidence, though he reserves the right to refile for permission to sue.

” ‘I received the evidence, but I haven’t verified it yet,’ he said, declining to elaborate on what type of evidence it was or when he would reconsider filing.”

Foreseeability is an important component of any civil case for personal injury. Moreover, state and federal government entities are often shielded from lawsuits by a legal doctrine known as “sovereign immunity,” unless the sovereign — i.e, the federal or state government — grants permission for the case to go forward in court.

In this instance, a claim– if or when it is revived — must be either approved or denied by Claims Commissioner J. Paul Vance Jr. before the lawsuit can officially be levied against the state of Connecticut.

Pinsky stated previously that he filed the original notice — which proved to be very controversial and sparked outrage in social media — to freeze the evidence before it can be “shaped” by insurance companies.

Hartford’s WFSB Channel 3 contacted Attorney Pinsky about the withdrawal of the pre-lawsuit notice, the paperwork for which apparently has not been officially submitted:

” ‘We will reserve all rights anyways so what’s the difference,’ he said.

“Pinsky said he apologized for offending anyone, but he said people were upset about him filing ‘too early.’

” ‘But, the sooner you get the evidence the better off you are,’ he said.”

In a horrible tragedy of this magnitude, lawsuits will be coming from all directions. Once the inevitable cases begin to be filed, expect that there will be many different defendants named, some of whom will be dismissed along the way.

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Comments

17 Responses to “Newtown School Shooting Lawsuit Notice Withdrawn By Attorney”

  1. Adle Brain

    These kinds of lawyers are the scourge of our society. They need to stop filing frivolous lawsuits and educate their potential clients when they do not have a case. The state did nothing wrong. The only person who could have been sued killed himself.

  2. Adle Brain

    Or I should have said, "The only person who could have legitimately been sued killed himself."

  3. Elaine Lawson

    I think the shooter's mother could have been sued, but she's dead too. The state and the board of education should not be sued.

  4. Charlene Brooks

    Although very tragic what happened to all those innocent children, you're trying to say this child has never heard any such words of violence on t.v. impossible that's all there is on television now, not like the 60's or 70's when you had great family shows to watch.

  5. Barbara Burns Brunelle

    it's such a sad situation, and all of the surviving children will be traumatized. there is no getting away from that, but suing just isn't appropriate in this case.

  6. Brenda Sawyer

    I still hold to my opion it is wrong wrong wrong! I do not care where this child is at, whether watch a movie at home, at a theater, friends house, she will hear things that are bother some. I am so sorry she/he had to hear this on the intercom, bit the MAIN thing is she/he is alive and can be hugged and kiss every day. When this was file half of those angels where not even put down to rest in peace. I am sure that the child has even heard mommy and daddy arguing and saying bad words. Than sue the parents first as he has heard screamimg and yelling first from them. It is going to take years for the town to fell any thing compared to what they used to fell as far as comfort. The whole nation as sent monies and gifts for all children invloved, is this not enough, or you just wanting to fell the wallet up. I do hope that this law suit is on hold for a very long time to come, and yes, the state is not responsible, for the action that took place, it was the mothers place to have put in a institute to protect her an others, and she failed at this and now she is gone also. She new the condition of her son and yet she had all these different type of guns in her home, she is the 1st to blame for this incedent, but her son took care of this matter. The guilties ones are now buried so leave it be, and let the community try and getr there life back together id at all possible.

  7. Lucy Augustson

    “Pinsky said he apologized for offending anyone, but he said people were upset about him filing ‘too early.’.

    YOU ARE STILL A HORSES ASS!

  8. Deb Gorham

    Ambulance chasing jerks. This was a traumatic event for ALL involved. The open intercom is the only way to alert teachers to seek safety for their students! The nation was shocked and saddened by this…the students will never forget it and those families who lost loved ones most certainly won't. BUT to SUE? OMG what have we become!

  9. Deb Gorham

    Ambulance chasing jerks. This was a traumatic event for ALL involved. The open intercom is the only way to alert teachers to seek safety for their students! The nation was shocked and saddened by this…the students will never forget it and those families who lost loved ones most certainly won't. BUT to SUE? OMG what have we become!

  10. Sheila Ames Le Roy

    Ambulance chaser got your 15 minutes.. now go crawl back into the sewer you came out of. No one with morals or a conscience, will ever hire you now, Irv. Narcissistic Fool!

  11. Kelly Turner

    boy did I call that one a while ago — I said that there would be lawsuits filed by greedy lawyers and lo and behold, here is the first one. how pathetic that anyone would think about bringing a lawsuit as a result of this tragedy. I pray that the State of CT deny his claim to file a lawsuit. nothing that he can say will be sufficient to bring a case for emotional suffering, etc. hey all you greedy lawyers, leave these families alone — go make your money hanging out in the parking lot of the emergency room waiting for car accident victims. how truly disgusting — you are why lawyers have a bad reputation.

  12. John Luchi

    This Guy should be disbarred….if it was one of my kids I would punch him in the mouth…greedy bastard….lawyers are ruining this country…..and they police themselves! that should be illegal!

  13. Susan Jones

    Everyone is bashing the lawyer (and I agree, he is a P.O.S.) but…the FAMILY of "Jill Doe" is heavily involved with this suit. Where is the contempt for them? Even if the lawyer approached them first, the family – whose child survived, unlike many others – still went along with the premise of suing. I'm not sure which is worse, the lawyer or the family that hired him.