The horrific tragedy that claimed 26 lives in Newtown, Connecticut is incomprehensible for the millions of us who watched the events unfold this past week. What has yet to unfold, however, is the inevitable onslaught of civil lawsuits against various people and organizations that some may potentially deem culpable for the shooting spree that began at the Lanza residence and ended at Sandy Hook Elementary School.
As we saw shortly after the Colorado movie theater massacre, a significant number of claims were presented for personal injury, emotional distress, and wrongful death. Undoubtedly, similar claims will arise in the wake of the school shootings in Connecticut. What makes the cases more challenging is the location, in a government- funded school, where sovereign immunity potentially plays a partial role in limiting damages.
The premise of the common law sovereign immunity doctrine is that the king, or in the case of the United States, the government, cannot be sued without its consent. In Connecticut, there is a claims commissioner to oversee this process, to the extent that the state bears any responsibility.
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