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Mother of 10-year-old Uvalde school shooting victim suing gun maker, store and local law enforcement

The mother of Eliahna Torres, the victim of the Uvalde school shooting, is suing gun maker Daniel Defense, which made the weapon used in the shooting that killed 19 students and two teachers. Sandra Torres is also suing the gun store that sold the weapon to the 18-year-old gunman, as well as local law enforcement.

Torres’ daughter was 10 when she was shot and killed along with most of her fourth grade class at Robb Elementary School earlier this year. “Eliana loved her family and she knew how much we loved her,” Torres said in a statement about the lawsuit. “I miss her every moment of every day. I brought this lawsuit to demand accountability. No parent should ever have to go through me again.”

Everytown Law filed suit with Texas law firm LM Law Group PLLC on her behalf. Everytown Law teams up with the gun violence prevention organization, Everytown for Gun Safety.

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This undated photo provided by Sandra Torres shows her 10-year-old daughter, Ileana Torres, who was one of 19 children and two teachers massacred at her elementary school in Uvalde, Texas. Sandra Torres filed a federal lawsuit on Monday, November 28, 2022, against the police, the school district and the maker of the gun used in the massacre.

Sandra Torres via AP


The suit alleges that Daniels Defense falsely marketed the gun used by the shooter in violation of the Federal Trade Commission Act. The lawsuit alleges that Daniel’s Defense “used military imagery to target vulnerable and violent youths.” The company also reportedly used social media and its association with video games such as “Call of Duty” to market the guns.

Separately, a group of 12 senators has asked the Federal Trade Commission to investigate what they say is the firearms industry misleading consumers about the safety of guns and allegedly targeting teenagers and children with their marketing. There are attempts to

Torres is also suing Oasis Outback, alleging the gun was negligently transferred to the shooter by the Uvalde store. The store reportedly sold the shooter ammunition and a Smith & Wesson AR-15-style rifle and transferred Daniel Defense Guns to him, despite several red flags. Those red flags include the shooter’s “great rush to acquire thousands of dollars in firearms and ammunition within the age of 18,” according to the release about the suit.

The suit also claims that law enforcement had insufficient training for active shooters and “made the wrong decision to override clear active shooter protocols.” According to the release, “the actions of law enforcement that day resulted in prolonging the suffering and death of children and teachers.”

Individual officers from the Uvalde Police Department and the Uvalde Consolidated Independent School District Police Department are also named in the suit, which was filed Monday.

Torres is seeking compensatory and punitive damages in an amount to be determined in the lawsuit. CBS News contacted the Uvalde Police Department, the Uvalde Consolidated Independent School District Police Department and Daniels Defense. A representative for Oasis Outback declined to comment.

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