Lawyer may shelve plans to sue Connecticut for $100M over Sandy Hook Elementary School massacre

Connecticut attorney Irving Pinsky / WFSB

A Connecticut lawyer has indicated he may cancel his plans to sue the state for $100 million for failing to protect children in the Sandy Hook Elementary School massacre -- at least for now.

Personal injury attorney Irving Pinsky, who initially filed a request to sue the state late last week, told CBS affiliate WFSB on Tuesday that he will likely file papers to have the request withdrawn, "to calm the waters of all the stress some people seem to feel about this."

Pinsky represents the family of a six-year-old who survived the Dec. 14 rampage during which Adam Lanza killed 20 children and six adults, before taking his own life.

The lawyer told WFSB he had received threats since filing the suit, including on his life.

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Newtown, Conn., memorial vigil

When he filed to request permission to bring the suit, the lawyer told WFSB the state of Connecticut "did not do enough to provide for" the safety of the Sandy Hook students. The state of Connecticut has immunity to most lawsuits, unless permission is given to go ahead with any given claim.

"The fact is we have to work harder to stop it from happening again, because if we don't effectuate sophisticated scientific methods to stop it, it's gonna happen again," he told the station, adding that Connecticut and other states were, "failing to protect children from guns." It was not clear what measures Pinsky would recommend taking at the state level to better protect children in their schools.

On Tuesday, he told WFSB he was sorry that people felt he had filed suit "too early," but added that "the sooner you get the evidence, the better off you are."

He told the station he would have up to one year to re-file the suit, if he does file the papers to drop it now, and he did not rule out taking that step.

The office of Connecticut Attorney General George Jepsen released a statement to WFSB saying the state's top lawyer was "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."

"The proposed lawsuit is utterly groundless," Jepsen said in the Tuesday statement. "I hope it does get withdrawn but if not, we'll defend the state and taxpayers of Connecticut."

Police are still trying to determine what drove Lanza to take guns from his home and walk into the school and open fire after killing his mother.

A spokesman for the young man's family said Monday that his father, Peter Lanza, had claimed his remains.

[woodynews1]

The events in Newtown/Sandy Hook were tragic and we should continue to pray for all those who have been affected in any way.

My comments are only related to the issue of citizens (any citizen of the US) having the right to sue the Federal Government or a State.

My opinion is, of course they should. Neither the Federal Government, nor the State Government(s) are above the law. In fact, they can often be a deterrent to the very justice that they say they are there to protect. Look at the harassment carried out by the Department of Education (and it's collection agents), as related to the collection of student loan debt and the almost impossibility to bankrupt a student loan even when the education was almost worthless) or how veterans are often treated by the Veterans Administration, without a clear path to getting a fair hearing of their complaint (s). According to Lincoln and others, we are a government of the people, by the people and for the people, are we not? If the people can do wrong, so can the government that people often misrepresent and misuse its power. The perception of wrong doing can often be a matter of opinion that needs its day in court.

So many people in our country protect the right to own guns, often without the use of good common sense. Try to take that right away from many gun owners and yes, they will sue the Federal Government and the States, at the very least. The right to bring a law suit, when we feel we have been deprived Constitutional rights and/or abused by the government itself is far more important! I don't know all the facts in this case but I certainly support a person's right to sue and an Attorney's right and responsibly to take on such a case, should it have merit.

Is not Connecticut also known as the "Constitutional State"?

[shuman_andrew]

It's cute how many people get upset at lawyers for existing. Guess what! This guy was an ambulance chaser turned massacre chaser. Don't generalize all lawyers with him, lest you also want to generalize all gun owners with sex offenders (Which I've seen said), and say all aspies should be locked up as they'll massacre people one day.

[RealTalkNigrus]

This person is one of the worst alive. Along with the parents and their child who have chosen to remain anonymous. Mostly because they know what they are doing is wrong and that they are despicable people. There is a special place in hell for all of them. They should be glad that their child is alive and move on instead of being the ungrateful, terrible examples of people that they are.

[ttipbc]

The greedy SOB must have been expecting to reap a windfall, as he had already made himself up to look the part of rich Uncle Pennybags (Mr. Monopoly).

[AishaAmal]

I am sorry but I think the layer was right. This student was foced into a school by law. The parent choose the safest school district possible. If our children are legally bound to attend school, the school is legally bound to return the children to us in the same or better condition than we droped them off. I am sorry that so many people suffered including staff, but the school has an obligation to keep people like this out and they failed. ALL SCHOOL ARE CURRENLY UNSAFE AND WE NEED TO REALIZE THIS. Failing to see that schools all over the country are not taking the necessary steps to keep nut jobs out of our schools and protect our children, who the laws see fit to force into the school. The world has changed, the schools need to change with them and protect the students. Money is the biggest motivator to change. This child will have a life time of psychological dammage, will never feel safe again. A few weeks of greef counseling are not going to fix it. NO Sandy Hook is no worse than any other school, but that is the point. Sadly that is a statement of our society today

[AishaAmal]

Just a note, by law every preschool in GA has a sign in system and a locked door that does not open until the student is signed/buzzed in. It seems reduculious that Preschools are able to do this and not schools. It would also increase accuracy in attendance. And I do have to agee 100 Mil is rediculus amount.

[thenukeman3333]

does no good with buzz doors when a guy can just go shoot in a window and go that way

[mm334]

It's not the school's fault. It was the parents of Adam Lanza for keeping those guns so readily available. What could one guard do at any school. I understand that there were two guards at the Columbine school where that other shooting took place and many were gunned down anyway. We need more mental health facilities. We need to reverse the law that is now in effect. It was changed sometime in the Reagan era - where in ONLY a mentally ill person could commit themselves into a mental health facility.It used to be that a family/parent together with two professional psych doctors, evaluate the patient and recommend a course of action, whether just meds, or if deemed necessary, a stay in a hospital for better treatment and evaluation. IF we returned to that process, more of the mentally would be getting better and in the process, society as well will be better off.

[hersheys9000]

I just hope the little Jill Doe will grow up with clearer perspective and clearer conscience than her parents. This is one example why there are so many siick kids in the country. Greed doesn't do you any good. The parents are showing a really bad example here for the kid. People wonder why this people grow up like the murderer of Sandy Hook, it always comes back on parents how they raise these kids. These kids learn from parents, show a good example and have fear in God.

[Type_Z]

You think dummy? You are the type that give decent lawyers a bad name. Do the right thing and withdraw the lawsuit.

[kelasings]

First of all, he was NOT suing for himself. He was suing for the family of a 6 year old survivor of the tragedy. Here is what this means. Instead of being thankful that your child survived, this family wanted to get money from the state. The reason he withdrew the lawsuit is probably that he would have had to identify he family. I wish they would identify the family so they could explain their behavior! They didn't even lose their child and that isn't enough for them.

[David_Tampa]

WOW this guy has NO scruples