The last conversation Sandra Torres had with her 10-year-old daughter was about her nervousness about making the All-Star softball team. Hours later, Eliahna Torres was one of 19 children and two teachers massacred at her elementary school in Uvalde, Texas.
With little closure and few responses to law enforcement waiting 77 minutes May 24 in the school hallway instead of confronting the assailant, Sandra Torres filed a federal lawsuit Monday against police, the school district and the manufacturer of the weapon used by the attacker.
“My baby never left school,” she asserted. “There is no accountability or transparency. She is not doing anything to herself”.
The lawsuit accuses the city, the school district and several police departments of a “complete failure” to follow active shooter protocols and violations of the victims’ constitutional rights by “barricading” them inside two classrooms with the killer for more than one hour. The city, school district and police did not immediately return messages seeking comment.
Torres is enlisting the help of the legal arm of the Everytown for Gun Safety group. His lawsuit also names the maker of the AR-type semiautomatic rifle that Salvador Ramos used to fire more than 100 rounds in the horrific mass shooting.
The lawsuit is part of a new and growing legal front in the nationwide legal battle over firearms. While gun manufacturers are generally immune under federal law from lawsuits for crimes committed with their products, families of victims of the 2012 shooting at Sandy Hook Elementary School in Newtown, Connecticut, were able to settle for 73 millions of dollars with Remington, the maker of the gun used in that shooting a decade ago.
The settlement came after the victims successfully argued that suing over the marketing under state law was an exception to the federal immunity measure.
Uvalde’s new lawsuit alleges that Daniel Defense’s marketing tactics violated the Federal Trade Commission Act by negligently using militaristic imagery, product placement in combat video games, and social media to target “vulnerable and violent youth.” said Eric Tirschwell, executive director of Everytown Law.
Source: El Nuevo Herald