The mother of a young girl killed during May’s Uvalde school shooting filed a federal lawsuit Monday against local police, the school district, and the manufacturer of the firearm used in the massacre.
Eliahna Torres, 10, was one of the 19 victims murdered on May 24 when a gunman entered Robb Elementary School and opened fire, and her mother is demanding justice, according to a report.
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“My baby never made it out of the school,” Sandra Torres said. “There’s no accountability or transparency. There’s nothing being done.”
“Eliahna loved her family, and she knew how much we loved her,” according to Torres. “I miss her every moment of every day. I’ve brought this lawsuit to seek accountability. No parent should ever go through what I have.”
Torres’s lawsuit names roughly two dozen people and entities as defendants, including the manufacturer of the AR-15-style weapon used in the shooting, the school district, and local police departments.
The 76-page suit alleges that the “mass shooting was enabled by the illegal, reckless, and negligent actions” of Daniel Defense.
“Daniel Defense markets its AR-15-style rifles to young male consumers by using militaristic imagery and video game references, by marketing on various social media platforms, and by suggesting that its rifles can be used by civilians for offensive combat-style operations against non-combatants,” the suit reads.
Marketing employed by Daniel Defense is also unfair and in violation of the Federal Trade Commission Act, according to the lawsuit.
Torres is also going after the store that provided the shooter with the Daniel Defense rifle and sold him another, along with ammunition, accusing Oasis Outback of the negligent transfer of firearms.
The gunman “had picked up or bought well over $3,000 worth of guns and ammunition, including two AR-style rifles” from the store, which “had a duty not to sell weapons to the just-turned 18-year-old shooter, who it knew or reasonably should have known was likely to harm himself or others,” according to the action filed by Everytown Law and a Texas law firm on behalf of the mother.
Regarding the local school district and law enforcement agencies, the lawsuit contends that the decisions and actions of police and officials on the day of the shooting trapped the victims inside the school and also accuses authorities of unlawful seizure and lack of due process.
“By using force to involuntarily confine Eliahna, and other students and teachers, inside classrooms 111 and 112 … the Law Enforcement Individual Defendants illegally seized Eliahna, in violation of the clearly established rights secured to her by the Fourth and Fourteenth Amendments,” the complaint reads.
“Eliahna was deprived of access to emergency medical and rescue services and of the comfort of her family — who were just outside the law enforcement perimeter — as she was dying.”
Torres’s lawsuit is the second federal lawsuit related to the Uvalde shooting, and the compensatory and punitive damages sought by the Torres family have not been specified.
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A trial by jury has been requested.
