Maine mass shooting survivors refile lawsuit after Pentagon watchdog report cites Army negligence

PORTLAND, Maine (AP) — The survivors and family members of victims of the deadliest mass shooting in Maine history have refiled their lawsuit against the U.S. government following a new U.S. Department of Defense watchdog report that faults the U.S. Army for a high rate of failure to report violent threats by service members.

Eighteen people were killed in Lewiston in October 2023 when Robert Card opened fire at a bowling alley and a bar and grill. Dozens of survivors and relatives sued the federal government earlier this month on grounds that the U.S. Army could have stopped Card, a reservist, from carrying out the shootings.

Lawyers for the group filed their amended lawsuit on Tuesday. It cites a report issued by the inspector general for the Defense Department this month that concludes the Army failed to make mandatory reports of violent threats almost half the time.

Military law enforcement is required to report violent threats to the service’s military criminal investigative organization. The review found the Army did not consistently follow that policy in 32 of 67 violent threat investigations in 2023.

The report specifically mentions Card, who died by suicide two days after the shootings. It says failure to consistently report violent threats “could increase the risk of additional violent incidents by service members, such as what occurred with SFC (Sgt. 1st Class) Card.”

The longstanding pattern of unaddressed threats gives the Lewiston victims a stronger case, said Travis Brennan, an attorney for the group.

“Had the Army followed its own policies, it would have prevented an unstable and mentally ill service member from going back into this community without warning, protection, or a plan to keep us safe,” Brennan said in a statement.

The attorneys filed the lawsuit in U.S. District Court for the District of Maine. It states that the plaintiffs are seeking unspecified damages. It names as defendants the U.S. Army, Defense Department and Keller Army Community Hospital, all of whom have yet to respond to the lawsuit.

Spokespeople for the DOD and hospital said they do not comment on ongoing litigation. The Army did not respond to requests for comment on Thursday.

An independent commission appointed by Maine’s governor concluded after several hearings that there were numerous opportunities for intervention by both Army officials and civilian law enforcement. Card was in the midst of a mental health spiral that was known to many, and that led to his hospitalization and left him paranoid, delusional and expressing homicidal ideations, attorneys for the victims have said.

Card’s family members and fellow reservists said he had exhibited delusional and paranoid behavior months before the shootings. One fellow reservist said in a September text: “I believe he’s going to snap and do a mass shooting.”