DANBURY - The Town of Newtown and the Newtown Board of Education are seeking to have a state Superior Court judge dismiss a pending wrongful death lawsuit, which was filed against them by the estates of two of the children killed in the December 14, 2012, Sandy Hook School shooting incident.

In a motion for summary judgment filed in court on June 30, the defendants seek to have a judge throw out of court the civil suit that was lodged by the Estate of Jesse Lewis and the Estate of Noah Pozner in January 2015. The plaintiffs are seeking money damages.

In the incident, a gunman shot his way into the school where he shot and killed 26 people. The gunman then shot and killed himself as police approached. Before going to the school, the gunman had shot and killed his mother at their Sandy Hook home.

In the motion to dismiss the lawsuit, attorney Charles Deluca, representing the defendants, writes, in part, "There is no genuine issue of fact regarding the defendants' alleged negligence."

The lawyer adds that "The defendants are entitled to governmental immunity pursuant to [applicable state law]."

Also, the defendants claim that "The plaintiffs have failed to produce the requisite expert testimony to support their claims."

The defendants submitted a 101-page memorandum of law that supporting their motion for summary judgment. Judge Sheila Ozalis is presiding in the case.

In that memorandum, the defendants state that, "The plaintiffs offer no competent evidence to establish their allegations of negligence."

In June 2016, the estates of Pozner and Lewis offered to settle their pending wrongful death lawsuit provided that they receive $5.5 million each from the defendants. The defendants did not accept that offer.

The Pozner-Lewis lawsuit alleges there was insufficient security in place in the school and its grounds, allowing the shooter to forcibly enter the building and then enter two classrooms and shoot and kill people within those classrooms. The 66-page lawsuit lists a variety of reasons why the plaintiffs consider the school system to have been negligent on December 14, 2012, resulting in the many deaths there. The various allegations focus on the school system's not having sufficient security measures in place to prevent the deaths.

The lawsuit states, "They [officials] failed to provide a security guard or any other type of law enforcement personnel to assist in the implementation of the [security] policies and procedures should an intruder enter the building, while leaving a large enough non-safety glass window directly to the right of the locked outer doors of the school, making access to the building relatively simple, and [making] successful lockdown of the building virtually impossible."

The wrongful death lawsuit jointly lodged by the estates of Pozner and Lewis is a separate lawsuit from another wrongful death lawsuit, which has been lodged by ten plaintiffs against the manufacturer of the semiautomatic rifle, which the gunman used in the Sandy Hook School incident. The estates of Pozner and Lewis, however, are plaintiffs in both lawsuits.

The plaintiffs in the gun lawsuit are now seeking to have the state Supreme Court return that legal action to state Superior Court for a jury trial. A Superior Court judge had dismissed that lawsuit last fall.