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And So it Begins: First Lawsuit Filed in Sandy Hook Shooting, Lawyer Seeks $100M ‘on Behalf’ of a 6-Year-Old

Dec. 31, 2012 1:40pm Becket Adams

A lawyer who’s asking to sue Connecticut for $100 million on behalf of a 6-year-old Newtown school shooting survivor who heard violence over the school’s intercom system says the potential claim is about improving school security, not money.

Seriously, it’s not about the $100 million. It’s about “security.” Trust him. He’s a lawyer.

“It’s about living in a world that’s safe,” New Haven attorney Irving Pinsky told The Associated Press on Saturday. “The answer is about protecting the kids.”

Pinsky asked this week to sue the state, which has immunity against most lawsuits unless it gives a party permission to go forward with a claim. Connecticut’s claims commissioner couldn’t be reached for comment the weekend.

Pinksy’s client, whom he calls “Jill Doe” in the claim, sustained “emotional and psychological trauma and injury” on Dec. 14 after gunman Adam Lanza forced his way into Sandy Hook Elementary School and gunned down 20 children and six adults inside in one of the deadliest school shootings in U.S. history.

The child heard “conversations, gunfire and screaming” over Sandy Hook’s intercom after someone in the office apparently switched on the system, according to the claim. Pinsky said Saturday he didn’t know whether his client saw anyone die.

The state Board of Education, Department of Education and state education commissioner failed to protect the child “from foreseeable harm,” including by failing to provide a safe school setting, the filing said.

Irving Pinsky (YouTube)

It also said the parties failed to review and carefully scrutinize annual strategic school profile reports from the local school district and Sandy Hook Elementary as well as “other submissions with respect to student safety and emergency response planning and protocol.”

It says the parties also failed to require the school and local Board of Education to formulate and implement an effective student safety emergency response plan.

Pinsky said Saturday he didn’t want to reveal more about the 6-year-old or details about her experience during the shooting because of privacy concerns.

The attorney said he hasn’t gotten a reply from the state yet. The Hartford Courant first reported the filing.

Follow Becket Adams (@BecketAdams) on Twitter

The Associated Press contributed to this report.

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Comments (92)

Thornyrose13
Posted on December 31, 2012 at 2:20pm
If it’s about the children, he can prove it simply enough. Let him waive his fees, donating any earnings directly to a school to upgrade security. The same for the family of this “traumatized” child. Children are resilient, and can recover from such things with care and attention. But bringing this to a trial, forcing the child to relive the event over and over, just increases any damage done. And worse, its in the parents’ interest to maintain the trauma, not heal it, in order to win. Disgusting is the only word I can use here to describe it.

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- Twisted Mind
  Posted on December 31, 2012 at 3:08pm
  Everyone wants free money (our money) not the states money or the school’s money, for every disaster,every crime,every terrorist attack, evey mental
  trauma, everything no matter the cause. I’m fed up with lawyers AND victims that think they can be protected from every event that happens. You can be sure that a lot more lawsuits are coming. But then again, it’s not about the money. Yea right.
  
  Report this comment
- Newtowns-Third-Law
  Posted on December 31, 2012 at 3:31pm
  The Blaze headlines are correct – it is just beginning. After exhausting their grief; these left leaning Connecticut denizens- who already make more money than most Americans – will go to any length to extract revenge and/or personally profit based on the “hurt” caused by their precious loved one being forcibly ripped out of their lives, in a super violent spectacular bloodbath massacre, exploited by the main stream media.
  Get ready – Sandy Hook was a biggie, and America loves payback. For every terror action, there is an equal and opposite law enforcement reaction. And based on the NRA’s lame response, this event became the civil lawyer’s Trifecta so to speak.
  
  Report this comment
- SocialistSlayer
  Posted on December 31, 2012 at 3:32pm
  Look I know this is all about money – but, if a state or the federal government forces us to put our children in this Communist Institutions ran by Communist Teachers and Administrators then they should damn well take every precaution to ensure the safety of my child – So yes – I say sue the Holy Hell out of them !
  
  Report this comment
- TonyRUS
  Posted on December 31, 2012 at 6:09pm
  Rotten eggs and rancid milk are disgusting. What we have here is child molestation.
  
  Report this comment
- YankeeDelta68
  Posted on December 31, 2012 at 6:28pm
  do you mean obama money!!
  
  Report this comment
- stuckinnortherncali
  Posted on December 31, 2012 at 8:24pm
  I also think it is sad because the state and school system are already broke.If it was about the children they would not be taking money from them to fight this lawsuit or cave and settle costing the taxpayers millions. Thanks for caring for ‘the children’.
  
  Report this comment
- sharkee
  Posted on January 1, 2013 at 12:26am
  The SCHOOLS need to have so much more security , and armed men or women because the GUN FREE zone is DANGEROUS. Its like advertising, free money unguarded, come get some. NOW because of the GUN FREE ADVERTISEMENTS some may think very dumb to advertise and that may have been a motivator. PTSD is gonna haunt these children , and its gonna be allot of doctor visits, Also do you think that the SCHOOL at SANDY HOOK did everything to prepare itself against ATTACKERS ?
  The lawyer is right on when he stated we knew it was gonna happen again , and it will again repeat itself after SANDY HOOK… #1 always prepare & DRILL #2 DO NOT ADVERTISE what you have or don’t have, its called element of surprise.
  
  Report this comment
- swankyc
  Posted on January 1, 2013 at 12:29pm
  @SocialistSlayer – “if a state or the federal government forces us to put our children ”
  
  Yea uh, you were never forced to do any such thing.
  
  Report this comment
- Newtowns-Third-Law
  Posted on January 1, 2013 at 12:37pm
  Hey, Sharkee, Let’s take our lead from the NRA.
  
  The NRA DEMANDS additional government money to pay for more mental health coverage and more regulations on video games and motion pictures, and Rap songs.
  
  The NRA DEMANDS that more police be hired to protect our public schools – which would cost 8 to 10 Billion Dollars a year. Then add $ 50-100 Billion for mental health and media regulation.
  
  The NRA has a point – which is Put Up (Billions and Billions) or SHUT UP.
  
  Report this comment
CathyvanDyke
Posted on December 31, 2012 at 2:14pm
I am on the fence regarding a lawsuit on behalf of the survivors who suffered trauma but …I believe the families of the 20 children and 6 faculty members who were sitting ducks to a gunman should file a class action lawsuit. Think about it. Adam Lanzo was aware that a designated “gun free zone” implied little or no resistance to his mission of evil.

All six of those unarmed faculty members who lost their lives were denied by the The state Board of Education, Department of Education and state education commissioner “the choice” to exercise their consitution right to use lethal force to defend themselves … to defend their innocent charges.

Think about it. ONE bullet could have taken Adam Lanza down. How many lives could have been spared that fateful day?

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- not-so-nutty
  Posted on December 31, 2012 at 2:52pm
  I have to agree with you as long as the focus is regulatory reform and not financial gain. Pinsky should be ashamed to even mention the intercom system, which more than likely saved his clients life. Lawyers like him are a cancer to our society.
  
  Report this comment
- 1776freedomofspeech
  Posted on December 31, 2012 at 3:20pm
  You are right. But they won’t change in favor of allowing teachers or school employees to carry guns. Some people just would rather be killed than kill to save their own life. Unfortunately those that would rather be killed than kill end up ruling over the group concerned with self preservation.
  
  Report this comment
- Wolf
  Posted on December 31, 2012 at 6:47pm
  If the greasy lawyers are going to use the ‘gun free zone’ as an argument, then their target should be the legislators who enacted the law, not the school/district.
  
  If they want to sue the school for not having better security, then they should go after the school board that agreed with the ‘gun free zone’, no carry permits in school for teachers, and the parents of the students for allowing their children to attend a school that was more a fish tank of targets than an educational zone.
  
  Report this comment
Cavallo
Posted on December 31, 2012 at 2:14pm
Feh.. I say Feh… There are good lawyers out there, just like there are good cops. Unfortunately we see them very rarely.

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- Wolf
  Posted on December 31, 2012 at 6:51pm
  Yup- this one looks greasy enough.
  
  Report this comment
Metallicat
Posted on December 31, 2012 at 2:12pm
yup bleeding 100 million dollars out of the states school systems will surely lead to safer schools.

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65Mustang
Posted on December 31, 2012 at 2:11pm
Disgusting example of why lawyers think they are so damn smart…crooked as the day is long.

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OldSurfRat
Posted on December 31, 2012 at 2:11pm
I have had it with dirt bag lawyers like this guy here is some info and a link to tell you what a POS he is. I say call them out when they do crap like this.

Law Offices of Irving J. Pinsky, PC:
This lawyer has been disciplined by a state licensing authority.
licensed suspended in 2003
Repremand 1989
http://www.avvo.com/attorneys/06511-ct-irving-pinsky-1449309.html

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- Exrepublisheep
  Posted on December 31, 2012 at 4:31pm
  Thanks!
  
  Report this comment
obxpatriot
Posted on December 31, 2012 at 2:09pm
I don’t blame the lawyer, thats his job, I blame the parents, they should count their blessings that their daughter survived! They’re disgusting.

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- circleDwagons
  Posted on December 31, 2012 at 3:05pm
  @obx. My post to you went elsewhere. I don’t know the parents so I wont blame them. They might just want answers.
  
  Report this comment
- P8riot
  Posted on December 31, 2012 at 3:31pm
  @OBXPATRIOT -
  
  THANK YOU! You’re one of the few people that actually realized that this guy was hired and paid to file this lawsuit BY THE PARENTS of the 6 year old.
  
  Report this comment
- TonyRUS
  Posted on December 31, 2012 at 6:18pm
  That, THAT is his job? Like a doctor selling you an operation that won’t help you, its his job. You just excused slime behavior because we all accept it now. “Now”? What am i saying. Billy said “kill all the lawyers” how long ago?
  
  Report this comment
Pat Alexander
Posted on December 31, 2012 at 2:09pm
Obviously the proper precautions were not taken. Security = armed & trained guards or security personnel. At least two in every school. And larger schools may need a dozen or so.

When these creeps know they are likely to leave the scene very early in a bag, with a hole between their eyes – this type of crime will quickly fade away.

That said, 100 million? Probably not.

I predict this will be settled for $25,000 to $50,000 or so.

And I agree with the other posts. We should all be paid damages for having to see & hear the “news” every day…

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IndyGuy
Posted on December 31, 2012 at 2:06pm
WOW…Gloria Allred’s looks sure have changed…

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Mudd
Posted on December 31, 2012 at 2:05pm
I was wondering when the vulchers would show up.

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Tri-ox
Posted on December 31, 2012 at 2:05pm
Of course obama supporters are going to follow obama’s lead and exploit the murders of 26 children and adults for personal gain – I would expect nothing less.

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- catty
  Posted on December 31, 2012 at 3:05pm
  WTF does Obama have to do with this stupid lawsuit?
  
  Report this comment
oregon scott
Posted on December 31, 2012 at 2:01pm
The only person or entity he should be able to file a lawsuit on is the shooter’s estate. If there is one great, if not out of luck. This is what is so wrong with this country. the parents of this child should be ashamed as well. she heard screams and now she is damaged, Teachers and kids lost lives, this country had better get a grip on reality or the whole idea of America the free is gone forever.

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revelation2012
Posted on December 31, 2012 at 1:59pm
perhaps this will OPEN the CAN of WORMS that this incident really is,,,

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InquisitiveDebbie
Posted on December 31, 2012 at 1:57pm
If my niece, nephew or friend’s child was a victim, I would encourage the lawsuit to be about ending the public schools.

It’s not in the Constitution nor in the Bill of Rights, therefore, the government has no business educating our children.

Yes, I do homeschool both of my daughters.

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- IndyGuy
  Posted on December 31, 2012 at 2:03pm
  I applaud you…every other American parent should do the same…Just go out and talk to 20 year olds and see for yourselves what indoctrination looks like…
  
  Report this comment
- environmentalandawake
  Posted on December 31, 2012 at 3:19pm
  Good for you Debbie! Indy Guy, I’m 47 and just got that long awaited University Education……It’s even worse than you may think! Needless to say I didn’t fit in for more that chronological reasons. Last night I watched a History Channel bit about Nazi Religion….There is a pic they kept showing with a gal who is clearly in a trance….reminded me of these 20 somethings. SMH where did we go off the tracks?
  
  Report this comment
RaydocX
Posted on December 31, 2012 at 1:56pm
Bogus from start to finish… my only surprise is he is not trying to go after Bushmaster.
Seriously, victims do not experience PTSD… some psychiatrists try to lump them in but true PTSD occurs in those who tried to, did, or knew they were expected to potentially kill other human beings… survivors of the horrors of the Death camps in WWII did not experience what is today called PTSD. Crew served weapons and pilots do not suffer at the rate of ground troops because of the distance (true of snipers, too).

On top of that, kiddos are amazingly resilient… While she may remember this, many of the memories will be colored by what the adults around her do now… the stories they tell in the coming years. The vast majority of the survivors will be fine, and it could be argued those that do suffer lasting psychological damage were… predisposed and something would have harmed them earlier.

And finally, THERE IS NO SUCH THING AS GUARANTEED SAFETY… the school was a gun free zone, after all… by law, no gun could have been present… More laws will not fix evil or crazy.

And the lawyer hoping to skim 10 or 20% of any verdict from such a suit is as bad as the politicians using childrens’ corpses as their soap box to preach about how bad guns are.

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- 1776freedomofspeech
  Posted on December 31, 2012 at 3:01pm
  I bet you Bushmaster will be sued next, Doc.
  
  Report this comment
- Newtowns-Third-Law
  Posted on December 31, 2012 at 3:20pm
  Fortunately, in 2005 President Bush 43 signed into law that gun manufacturers and dealers are not liable for civil penalty. The Protection of Lawful Commerce in Arms Act – the “No. 1 legislative priority of the National Rifle Association” – immunized gun makers and dealers from civil lawsuits for the crimes committed with the products they sell, without exception. It included design and lethality features.
  
  I need to check with MICHEALMORON, but if design lethality is not to be their liability, theoretically they can now sell poorly made arms with exploding barrels and be held harmless. That is quite unique in American product safety law.
  
  Report this comment
Gonzo
Posted on December 31, 2012 at 1:56pm
Everybody hates lawyers, until they run for office and then all the morons line up to vote for them.

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- circleDwagons
  Posted on December 31, 2012 at 2:27pm
  I don’t blame the parents. They might want to know the truth. My children are worth more, i’d be suing for more. I would sue anyone who had a part in making the school “gun free”
  
  Report this comment
- circleDwagons
  Posted on December 31, 2012 at 2:30pm
  Happy New Year. We can still Pray. Hope your daugs hunt well!,,
  
  Report this comment
freenj
Posted on December 31, 2012 at 1:56pm
Old Joke:
What’s 10,000 lawyers at the bottom of the ocean? A Start.

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- anothercomment
  Posted on December 31, 2012 at 2:09pm
  Q: What do you call a lawyer with an IQ of 100?
  A: Your Honor.
  Q: What do you call a lawyer with an IQ of 50
  A: Senator.
  
  Report this comment
- 1776freedomofspeech
  Posted on December 31, 2012 at 2:49pm
  It was so cold the other day, I saw a lawyer with his hands in his own pockets.
  
  Report this comment
Popp40
Posted on December 31, 2012 at 1:55pm
Can we sue this lawyer and lawyers like him for causing us distress?

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- taxpro4u03
  Posted on December 31, 2012 at 5:27pm
  Give it a whirl — but ya hafta take ‘em OUT of the Admiralty jurisdiction … it’s been known to happen… (maybe that’s a part of the reason for his STATE temporary suspension and/or reprimand — ) -:-)
  
  Report this comment
Jenny Lind
Posted on December 31, 2012 at 1:54pm
Speachless at this person saying these things with a straight face. Speechless at the greed of the parent (or parent’s) of this child. Not about the money? Really?

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randy
Posted on December 31, 2012 at 1:52pm
Well, I didn’t hear the violence over the schools PA system, but read and watched it on the news, SO where’s my 100 Million? Idiot lawyers and money grabbing parents!

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DADDYWOREAWHITEHAT
Posted on December 31, 2012 at 1:52pm
Expect more of this. Trough feeding lawyers always causing the cost of everything to go up. That’s why so many politicians are lawyers. It’s about the money, they could care less about your kids or their safety or education.

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LeadNotFollow
Posted on December 31, 2012 at 1:48pm
I beg to differ Mr. Lawyer. It “is” about the one hundred million dollars, and greed.

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- Hotconchick
  Posted on December 31, 2012 at 1:54pm
  Amen…
  
  Report this comment
- LeadNotFollow
  Posted on January 1, 2013 at 1:07pm
  Jan. 1, 2013- Update: The lawyer has temporarily withdrawn the lawsuit.
  http://www.foxnews.com/us/2013/01/01/connecticut-lawyer-withdraws-100m-lawsuit-over-school-massacre/
  
  Report this comment
deskjockey
Posted on December 31, 2012 at 1:48pm
What did Shakespeare say about lawyers?

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- NoFameLost
  Posted on December 31, 2012 at 2:10pm
  The first thing we do, let’s kill all the lawyers.
  Dick the Butcher, Henry VI, Part 2 Act 4, scene 2, 71–78
  
  Report this comment
banjarmon
Posted on December 31, 2012 at 1:46pm
AMBULANCE Chaser!!! SHAME!!

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- Halloween
  Posted on December 31, 2012 at 6:00pm
  @BENJARHEAD
  
  Can you elaborate on that or are you just going to accuse?
  
  Report this comment
- banjarmon
  Posted on December 31, 2012 at 11:35pm
  @ hollowhead Read this…
  http://www.avvo.com/attorneys/06511-ct-irving-pinsky-1449309.html
  
  Report this comment
Beachmastermax
Posted on December 31, 2012 at 1:45pm
Bet you can’t get him to sue the Public School system for graduating from High School people who cannot read.

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- thegreatcarnac
  Posted on December 31, 2012 at 1:52pm
  He is suing because his client heard shooting over the intercom??? Lawyers are a joke. What about the kids who were shot??? That kid has heard shooting before on television. SHe has already seen more violence on television at 6 years old than most people in an earlier generation saw in their lifetimes. Give me a break. If I were Connecticutt I would say ‘no’ to his lawsuit
  
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