Newtown families file wrongful death suit against town, school board Lawsuit against town, school board calls security measures inadequate

Neil Heslin and Scarlett Lewis, parents and co-administrators of the estate of Jesse McCord Lewis, are plaintiffs in a civil lawsuit against the town of Newtown, the Board of Education and the Sandy Hook Elementary School. less Neil Heslin and Scarlett Lewis, parents and co-administrators of the estate of Jesse McCord Lewis, are plaintiffs in a civil lawsuit against the town of Newtown, the Board of Education and the Sandy Hook ... more Photo: Jessica Hill, AP Photo/Jessica Hill Photo: Jessica Hill, AP Photo/Jessica Hill Image 1 of / 9 Caption Close Newtown families file wrongful death suit against town, school board 1 / 9 Back to Gallery

The parents of two first-graders killed in the Sandy Hook Elementary School shootings have filed a wrongful death lawsuit against the town and the Board of Education, alleging security measures were inadequate.

The 66-page lawsuit was filed by the parents of slain first-graders Jesse Lewis and Noah Pozner. The town was served with the lawsuit on Friday.

The suit claims the school's lockdown and evacuation plan was practiced, but never implemented on the day of the shooting, which "resulted in the death of 20 students." The suit also alleges the school failed to train a substitute teacher about the lockdown procedure and didn't give her a key that would have allowed her to lock the classroom once she heard gunshots being fired on the morning of Dec. 14, 2012.

The substitute, Lauren Rousseau, and all but one of her students were killed when 20-year-old Adam Lanza entered the unlocked classroom with a semi-automatic rifle. Lanza killed 20 students and six educators before shooting himself.

The lawsuit argues that Lanza was able to get into the locked building because he was able to shoot his way through a large plate-glass window next to the locked front doors.

As a result, the lawsuit says, the locked front doors were irrelevant.

The suit also faults the school for having classroom doors that could only be locked from the outside with keys, leaving teachers vulnerable to the intruder.

The lawsuit seeks more than $15,000 in damages.

The plaintiffs in the lawsuit are the estates of Lewis and Pozner. Their parents, Neil Heslin, Scarlett Lewis and Leonard Pozner are the administrators. They could not be reached Monday for comment.

"We are hopeful that the town of Newtown's elected and hired representatives will work with these families, who have already suffered, and continue to suffer unimaginable loss, to help resolve this matter in the most efficient and constructive way possible," said Donald Papcsy, a Norwalk lawyer and Sandy Hook resident who is representing the families.

"As residents of the town, we all either have, or are going to have, students in our Sandy Hook schools, and we promote the idea of learning from the past and protecting our children in the future."

First Selectman Pat Llodra declined to comment on the lawsuit, except to say it had been referred to the town's insurance company and the town attorney.

Town Attorney David Grogins also declined to comment. School board members did not immediately respond Monday to requests for comment.

The estates of Lewis and Pozner were among nine families of victims killed at Sandy Hook and one teacher who was injured who filed a lawsuit last month in state court against the maker and sellers of the Bushmaster AR-15 rifle that Lanza used in the shooting, saying the gun should not have been sold for civilian use because of its overwhelming firepower.

Reports by state police and the state child advocate said Lanza's parents, educators and others missed signs of how deeply troubled he was and opportunities to steer him toward more appropriate treatment for his mental health problems.

Lanza's obsessions with firearms, death and mass shootings have been documented by police files, and investigators previously concluded the motive for the shootings may never be known.

The Newtown Board of Selectmen voted last week to recommend demolishing the Lanza home, which the town acquired last month from the bank that was holding the mortgage. The town's Legislative Council is expected to discuss the issue at its next meeting on Jan. 21.

The Associated Press contributed to this report. rryser@newstimes.com; 203-731-3342