Tort Law

Suit targets websites that sold ammunition and tear gas to theater shooting suspect

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The parents of a woman killed in the July 2012 movie theater shooting in Colorado have filed a lawsuit against the websites that they say sold ammunition, tear gas and body armor to the man charged in the crime.

Jessica Ghawi, a 24-year-old aspiring sports journalist, was among a dozen people killed in Colorado during the showing of a Batman movie. Her parents, Sandy and Lonnie Phillips of San Antonio, Texas, claim in the suit that the websites were negligent and created a public nuisance by allowing James Holmes to purchase the items, including thousands of rounds of ammunition and a high-capacity magazine.

Holmes has pleaded not guilty by reason of insanity.

The Sept. 16 suit (PDF) seeks an injunction addressing dangerous practices by the websites. The complaint was filed for the parents on a pro bono basis by the Brady Center to Prevent Gun Violence and Arnold & Porter, according to a press release. The Associated Press and the Denver Post have stories.

Dave Kopel, research director for the Independence Institute, told AP the suit may be blocked by a federal law protecting the legal manufacture and sale of weapons and ammunition.

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