12/31/2012 03:10 pm ET Updated Mar 03, 2013

Newtown Shooting Survivor's Lawsuit Is Critized By Connecticut Attorney General George Jepsen

FILE - In this Friday, Dec. 14, 2012 file photo provided by the Newtown Bee, Connecticut State Police lead a line of children
FILE - In this Friday, Dec. 14, 2012 file photo provided by the Newtown Bee, Connecticut State Police lead a line of children from the Sandy Hook Elementary School in Newtown, Conn. after a shooting at the school. The private equity firm Cerberus will sell its stake in a firearms company that produced one of the weapons believed to have been used in the shootings at the elementary school, calling it a "watershed event" in the national debate on gun control. While saying that it's not its role to take positions or attempt to shape or influence the gun control debate, Cerberus said it is taking what action it can by selling its stake in the Freedom Group, which makes the Bushmaster rifle. (AP Photo/Newtown Bee, Shannon Hicks) MANDATORY CREDIT: NEWTOWN BEE, SHANNON HICKS

By Edith Honan

Dec 31 (Reuters) - A $100 million claim filed against the state of Connecticut in the wake of a school shooting that left 20 children and six adults dead two weeks ago is misguided, Connecticut's attorney general said in a statement on Monday.

Last week, a New Haven-based attorney filed an intention to sue the state on behalf of a 6-year-old survivor of the Dec. 14 attack - the second deadliest school shooting in U.S. history.

Under Connecticut law, any claim against the state must be approved by the state claims commissioner before it can move forward. The state attorney general serves as the state's defense attorney.

"Our hearts go out to this family, and to all the children and families affected by the Newtown shootings," Attorney General George Jepsen said in a statement. "They deserve a thoughtful and deliberate examination of the causes of this tragedy and of the appropriate public policy responses."

A public policy response by the U.S. Congress and the Connecticut state legislature would be "more appropriate" than legal action, said a spokeswoman for Jepsen.

"Although the investigation is still under way, we are aware of no facts or legal theory under which the State of Connecticut should be liable for causing the harms inflicted at Sandy Hill Elementary School," the statement added.

Connecticut attorney Irv Pinsky said he filed a claim on Thursday with state Claims Commissioner J. Paul Vance Jr.

Vance said on Monday that he has not yet seen the claim and could not comment on a pending legal matter.

The unidentified client, referred to as Jill Doe, heard "cursing, screaming, and shooting" over the school intercom when the gunman, 20-year-old Adam Lanza, opened fire at Sandy Hill Elementary School, according to the claim.

Pinsky's claim said that the state Board of Education, state Department of Education and state education commissioner had failed to take appropriate steps to protect children from "foreseeable harm" and had failed to provide a "safe school setting."

"We all know its going to happen again," Pinsky said last week. "Society has to take action."

Pinsky said he was approached by the child's parents within a week of the shooting. He did not immediately respond to a request for comment on Monday.

The shooting, in which Lanza took his own life, has prompted extensive debate about gun control and the suggestion by the National Rifle Association that schools be patrolled by armed guards. Police have said the gunman killed his mother, Nancy Lanza, at their home in Newtown before going to the school about 5 miles away.

Earlier on Monday, a spokesman for Adam Lanza's father, Peter Lanza, said the family had claimed the gunman's body from the state medical examiner's office. Plans for Lanza's burial were not disclosed. (Additional reporting by Chris Francescani; Editing by Dan Burns and Leslie Gevirtz)