Maine mass shooting survivors, families of victims file intent to sue military

A hundred survivors and family members of victims of the deadliest mass shooting in Maine’s history announced Tuesday their intent to sue major elements of the U.S. government’s military apparatus alleging “negligence in failing to respond” to multiple warning signs displayed by the Army Reservist who killed 18 people during the 2023 rampage.

The group sent notices to the Department of Defense, the Army, and Keller Army Community Hospital in West Point, New York, where the suspected shooter, Army Reserve Sgt. Robert Card, was taken for a psychiatric evaluation in the summer of 2023, stating their intent to sue and citing documented indications of Card’s “precipitous decline,” according to attorneys for the group.

The Department of Defense, the Army, the military hospital and its employees “broke its promises, failed to act reasonably, violated its own policies and procedures, and disregarded directives and orders, including those of Card’s treating medical providers,” one legal notice said. The legal notice added that the military entities “failed to protect and defend the people of Lewiston, Maine, from a solider who displayed warning signs of mental illness and specifically expressed intent to commit mass violence” and that they “failed at every opportunity.”

“The United States and its personnel owed a duty to safeguard and protect the community, including but not limited to the Claimants,” the legal notice said. “The United States and its personnel breached that duty and were negligent.”

If the federal government fails to investigate the claims within six months, attorneys for the group say they will file suit.

“Today marks the first step toward ensuring accountability and justice for the families and victims of the worst mass shooting in Maine history,” attorney Benjamine Gideon, who represents the survivors and relatives of victims, said in a statement. “The U.S. should have sufficient information through the Army’s own internal investigation to evaluate our claims promptly.”

In the months leading up to his killing rampage, Card had made escalating threats of violence and had expressed homicidal ideations, the group’s attorneys alleged. Card possessed a large cache of firearms and had shown clear signs of sharply deteriorating mental health that, though flagged by his own family and known to his Army colleagues and command, would ultimately fall through the cracks, the attorneys said.

Card would follow through on his threats on Oct. 25, 2023, opening fire at a bar and inside a bowling alley in Lewiston, killing 18 people and injuring 13 others. Two days after the shooting, Card was found dead by a river in Lisbon, Maine, from an apparent self-inflicted gunshot wound.

In the shooting’s aftermath, several investigations were launched, including ones by an independent commission and the Army.

A key finding of the probes was that numerous breakdowns in the Army’s chain of command and a lack of communication with other authorities left Card’s increasingly concerning signals and the potential threat he posed to the public without sufficient address, attorneys for the survivors and victims’ families said.

Nearly a year later and equipped with what those investigations found, victims’ families and survivors of that shooting say they want accountability.

“As a matter of policy, the Army does not comment on ongoing litigation,” an Army spokesperson told ABC News on Tuesday, referring all questions to the Department of Justice.

And an important twist in the Lewiston saga: a woman who lost her husband and son in the shootings now could be key to getting some of Card’s records that could be critical as they prepare their potential lawsuits.

Cynthia Young, whose husband and 14-year-old son were gunned down at the Lewiston bowling alley, has been appointed a “special administrator” of the shooter’s estate. This “limited role” will allow her to request sensitive documents like Card’s medical records, mental health records and military records — documents which would otherwise be difficult to access in full due to HIPAA and other laws. Young’s petition for this appointment — made with no objection from Card’s son, who, according to court filings, is his sole heir — was granted by a judge in the Sagadahoc County, Maine, Probate Court in early October.

“These records are important to help those who have been affected by this tragedy to evaluate potential legal claims, including claims against the United States Government,” Young’s petition said. “This information also may help those family members understand why the mass shooting occurred and what steps could have been taken to prevent it.”

Travis Brennan, one of the lawyers representing the Lewiston victims, told ABC News they have already sent out several requests for a variety of Card’s records, including those from the hospitals where he was taken for a two-week stay last summer, as well as Maine’s medical examiner’s office and Boston University’s Chronic Traumatic Encephalopathy (CTE) Center, where Card’s brain was studied post-mortem for traumatic injury linked to his military service and potential blast-exposure. They have also requested Card’s Army personnel records.