Lewiston, Maine — The families of the victims of a tragic mass shooting in October 2023, along with numerous survivors, are poised to file a negligence lawsuit against the U.S. government. They allege that the military and various agencies failed to act on numerous warning signs regarding the gunman, Robert Card, an Army reservist who brutally killed 18 people at a bowling alley and a bar, before taking his own life.
Attorneys representing around 100 plaintiffs are set to initiate legal proceedings in federal court, targeting the Defense Department, the Army, and Keller Army Community Hospital in West Point, New York. Their claim emphasizes that the military had ample opportunity to intervene and prevent the violence, particularly following reports of Card’s deteriorating mental health.
Maine attorney Travis Brennan, involved in the case, expressed strong sentiments about the military’s obligation to the community. He stated that the Army has repeatedly failed in its commitment to safeguard the citizens it swore to protect. Fellow attorney Benjamin Gideon echoed this sentiment, stating that accountability by the Army might only be achieved through judicial intervention.
Law firms had already filed legal notices of their intent to sue in October, highlighting how Card’s son had informed authorities about his father’s unstable behavior as early as May 2023. The investigation into Card’s actions revealed that he had exhibited ominous signs and alarming behavior months before the incident, including paranoia and hallucinations.
The Department of Justice and the Army did not immediately respond to requests for comments regarding the impending lawsuit. Previous attempts to obtain their input on the matter had gone unanswered.
Representing the plaintiffs are Texas-based National Trial Law and two Maine law firms, with a history of tackling high-profile cases. Notably, they previously achieved a settlement involving the federal government in a church shooting in Texas that was carried out by an Air Force member. This adds a layer of significance to the current case which seeks to hold federal entities responsible for perceived negligence.
Despite the obvious precursors to the tragedy, the motivation behind Card’s violent outburst remains elusive. Reports from his family indicate he had been experiencing severe mental health crises, including auditory hallucinations, and had shown increasingly erratic behavior.
In the aftermath of the shooting, an independent commission was established to investigate potential lapses by both law enforcement and military personnel. Preliminary findings suggest that after Card was hospitalized following a violent incident just months prior, there were failures to act on strong recommendations from mental health professionals regarding his care and weapon access.
Military investigations revealed that Card’s unit neglected critical procedures after they were alerted about his conduct. Although he was later prohibited from accessing weapons while on duty, there was a clear lack of communication and follow-through between the military and local law enforcement.
The commission concluded that while Card alone bore responsibility for the tragic events, there were significant oversights that heightened the risk to public safety. In addition, both military and state reports indicate that his family had raised alarms about his mental health condition but were met with inadequate responses.
Authorities had probable cause to consider Card a threat under Maine’s “yellow flag” law, which permits the confiscation of firearms from individuals deemed dangerous. However, these actions were never executed.
The fallout from this shooting has raised broader questions about mental health services for military personnel and how institutions respond to signs of distress. In response to the tragedy, Card’s family has not only called for accountability but also taken steps to support mental health initiatives, establishing a nonprofit aimed at raising awareness about brain injuries among service members.
As legal proceedings begin, many hope that the families of victims will find some semblance of justice while stirring a national dialogue on mental health and gun safety.