Attorney for Lewiston shooting victims urges judge not to dismiss lawsuit against U.S. government

Survivors of Lewiston Mass Shooting Seek Government Accountability in Federal Court

A group of more than one hundred survivors and families of the victims of the October 2023 mass shooting in Lewiston, Maine, has moved forward with a lawsuit against the U.S. government. The suit, filed under the Federal Tort Claims Act (FTCA), alleges that the Army failed repeatedly to remove firearms from Robert Card—a 20‑year veteran and reservist—despite clear knowledge of his dangerous behavior.

The 2023 Tragedy

On October 25, 2023, 33‑year‑old Robert Card opened fire at a bar and a bowling alley in Lewiston, killing 18 people and wounding 13. Card was found dead in his car two days later. The shooting remains the deadliest mass shooting in Maine history.

Legal Action and Current Proceedings

The plaintiffs’ attorneys—led by Texas lawyer Jamal Alsaffar—took the case to federal court in Portland, where U.S. Chief District Judge Lance Walker is hearing the U.S. Department of Justice’s motion to dismiss. The DOJ argues that the case should be dismissed under a “discretionary immunity” exemption in the FTCA, contending that Army policies left decision‑making to individual soldiers and therefore the government cannot be held liable.

Judge Walker has not yet ruled on the dismissal request. The decision will determine whether a full civil discovery process can proceed, potentially uncovering the extent of the Army’s alleged negligence.

Plaintiffs’ Claims

The lawsuit contends that the Army had a duty to seize Card’s firearms on multiple occasions. Card had been hospitalized at Keller Army Community Hospital in West Point, New York, in July 2023 after threatening fellow soldiers during a training exercise. He was released two weeks later, but the plaintiffs say Army officials had documented his threats and a “hit list” and yet failed to act.

Allegations include:

• Discretionary Recommendations Ignored – One supervisor allegedly ignored an email recommending that Card’s firearms be seized, while another failed to contact local law enforcement about Maine’s yellow‑flag law, which could have allowed the Sagadahoc County Sheriff’s Office to confiscate the weapons.
• Hospitalization Not Voluntary – Alsaffar asserts that Card was restrained and guarded during his stay at Keller and Four Winds hospitals, and that Card himself expressed fear of committing a mass act of violence and hearing voices. Keller records state that Card consented to the government taking his guns upon discharge.
• Policy Failures – The Office of the Inspector General for the Department of Defense identified that the Army did not implement several relevant policies that could have prevented the shooting.

In a courtroom statement, Alsaffar emphasized the Army’s unique knowledge of Card’s threat: “There is no person, no other agency, no other law enforcement agency, that knew more about the threat that Sgt. Card posed to this community than the Army… Let us discover how deep this negligence goes.”

Government’s Defense

U.S. DOJ attorneys, including Jocelyn Krieger and Brandon Capece, argue that:

• No Mandatory Requirement – The Army’s policies at the time were discretionary. Since Card’s hospitalization was voluntary, the government was not legally obliged to