Judge says wrongful death claims in Aurora theater shooting should be tossed

The Century 16 movie theatre where a gunmen attacked movie goers during an early morning movie screening on July 20, 2012 in Aurora, Colorado.
Thomas Cooper/Getty Images

(CBS/AP) DENVER - A federal magistrate judge is recommending the dismissal of some of the negligence and wrongful death claims filed against the owner of the Colorado movie theater where a gunman killed 12, but he says other claims can continue.

Pictures: 12 dead, dozens wounded in shooting at Batman movie

U.S. Magistrate Judge Michael Hegarty made the recommendation Thursday in seven lawsuits filed by people affected by the July 20, 2012 theater shooting.

The plaintiffs say Cinemark failed to prevent the attack, while Cinemark argues no one could have foreseen it.

Hegarty said the plaintiffs have to pursue their claims under the Colorado Premises Liability Act, which covers injuries on someone else's property and essentially blocks the negligence and wrongful death claims.

Both sides have two weeks to ask U.S. District Court Judge R. Brooke Jackson to reconsider.

James Holmes, a former graduate student at the University Colorado-Denver, has been charged with multiple counts of first degree murder in the massacre. Holmes attorneys have said he is mentally ill and they have not yet entered a plea in the case.

Complete coverage of the Aurora shooting on Crimesider

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