Attorneys for 100 survivors and family members of victims of the Lewiston mass shooting say they have begun the process of taking legal action against the Department of Defense, the Army, and an Army hospital for failing to act to stop the reservist responsible for the tragedy.

The survivors and victims’ families of the worst mass shooting in Maine history served legal notice on Tuesday to the United States of their intent to pursue claims against the Department of Defense (DoD), Army, and Keller Army Community Hospital (KACH), for negligence in failing to respond warning signs and an explicit threat to commit a mass shooting from Army Reserve Sergeant Robert Card.

On the night of October 25, 2023, Card killed 18 people and injured 13 others when he committed two mass shootings at Just-in-Time Recreation and Schemengees Bar and Grille in Lewiston. Card's body was found in Lisbon Falls on October 27, 2023.

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Attorneys say Card was allowed to remain in the community with severe, untreated mental illness, and to have continued access to assault weapons in the lead up to the mass shooting.

The legal notice served on Tuesday is the first step in the process through which survivors and family members of those killed will pursue civil lawsuits to recover for the wrongful deaths, physical injuries and emotional trauma inflicted by the mass shootings, according to attorneys.

“Today marks the first step toward ensuring accountability and justice for the families and victims of the worst mass shooting in Maine history,” said Benjamin Gideon, one of the attorneys representing the victims.

Attorneys say the notices summarize some of the key facts uncovered to date that support their negligence claims, including:

Between March and July 2023, the Army became aware that Card had suffered a severe and precipitous decline in his mental health, resulting in erratic and combative behaviors, and promised to take steps to address Card’s condition. The Army failed to act.

The Army, KACH and DoD knew that Card had been exposed to thousands of blast events from his work as a firearms and grenade instructor but did not investigate whether physiological damage to Card’s brain from such blast exposure was a root cause of Card’s sudden and inexplicable onset of mental illness, or otherwise determine whether Card’s illness was caused or exacerbated in the “line of duty,” as required by Army regulations.

In July and August 2023, the Army and KACH determined that Card’s mental illness—including paranoia, delusions, and homicidal ideations with development of a “hit list”—posed a serious risk to himself and others, but nevertheless allowed Card to return to the community without the cause of his mental illness determined or a plan for treatment, and without reporting Card under New York’s SAFE Act or Red Flag laws.

Although Card’s doctors released him from the hospital on the condition that he no longer have access to firearms, and the Army and KACH assured his doctors that they would remove Card’s firearms, they did not do so and left Card in possession of numerous weapons, including the AR-10 assault rifle he used to carry out the mass shooting.

Following Card’s release from the hospital and return to Maine, the Army and KACH failed to notify local Maine law enforcement, provide them with Card’s recent history or inform them that Card’s doctors had directed that Card be separated from his firearms.

In September 2023, when the Army learned that Card had threated to shoot up the military base in Saco and commit a mass shooting, the Army downplayed and minimized the threat (despite later acknowledging that it was serious and credible), and actively discouraged local law enforcement from taking decisive action.

By law, attorneys say the U.S. has six months to investigate and evaluate the claims. If the U.S. denies the claims, or fails to act upon them within six months, whichever is earlier, the claimants may file lawsuits in Federal Court.

The 100 victims and survivors are jointly represented by four law firms: Berman & Simmons, PA (Maine), Gideon Asen LLC (Maine), Koskoff (Connecticut), and National Trial Law (Texas).

“There is pain, trauma, and regrets that will never go away,” said Cynthia Young, whose husband William and fourteen-year-old son, Aaron, were both killed at the bowling alley. “As terrible as the shooting was it’s even more tragic that there were many opportunities to prevent this and they were not taken.

The independent commission investigating the Lewiston mass shooting released its final report in August.

The commission found that the Sagadahoc County Sheriff's Office had probable cause to take Card's guns away under Maine's yellow flag law. They also found that the leaders of Card’s Army Reserve unit failed to take the necessary steps to reduce the threat he posed to the public.

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A report from the U.S. Army on actions taken related to Card's mental health issues was released in July.

The report cited communication failures within the chain of command, and between military and civilian hospitals, among other issues. As a result, three Army Reserve officers were disciplined for dereliction of duty in the aftermath of the mass shooting.

The report cited communication failures within the chain of command, and between military and civilian hospitals, among other issues. As a result, three Army Reserve officers were disciplined for dereliction of duty in the aftermath of the mass shooting.

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The report cited communication failures within the chain of command, and between military and civilian hospitals, among other shortcomings revealed during an investigation.

The Army investigation determined that Card’s family, friends, and coworkers all began noticing a decline in his mental health beginning in January of 2023.

“Card began to hear voices of people, often strangers, but sometimes friends, family, and coworkers, that he believed were ridiculing him behind his back, on social media, and directly in his presence. While everyone he accused vehemently denied these allegations, even when multiple witnesses were present, SFC Card nonetheless seemed to believe that most of his friends, family, and coworkers had turned against him in a cruel and unexplained manner,” the Army report said.

In May 2023, according to the Army report, Card’s family reported his deteriorating mental health to the Sagadahoc County Sheriff’s Office. This information included that they believed Card had 10 to15 rifles and/or handguns at his home in Bowdoin.

Footage from July 16, 2023, obtained by the CBS13 I-Team, shows police and members of his Army Reserve unit take Card from his military barracks to a hospital to be treated for mental health concerns.

According to a police report, the concerns over Card's behavior stemmed from an incident the night before when he was drunk and wouldn't allow a commanding officer to inspect his room.

One unit member told troopers that Card had "experienced a decline in mental health" over the past couple of months and that he had "begun to hear others 'bad mouthing' him behind his back."

During their interview with Card himself, troopers can be heard asking Card about those interactions, and Card tells them that he was "fed up" with hearing others talk behind his back. Card, in his owns words, told police he "is capable" of acting on threats he had made toward members of his unit.

"I hope you understand they are concerned enough about your welfare that they called us," a trooper is heard saying in the footage.

"Because they are scared. They think I'm going to do something, because I'm capable," Card said.

What do you mean by that?" the trooper asks.

"Nothing," Card said.

During the more than 10-minute-long interview with troopers, Card talks about how he believes his unit members had been calling him a pedophile behind his back.

According to the Army report, Card was diagnosed with a Brief Psychotic Disorder and was prescribed psychiatric medication during his 19-day stay at Four Winds Hospital in New York in July 2023. It was also recommended he get follow-up treatment.

“Shortly after his release from the hospital, SFC Card effectively ceased communication with medical personnel. He also withdrew from his social circles and had few communications with family, friends, coworkers, or his chain of command,” the report said.

A court hearing had been scheduled to involuntarily commit Card to the hospital, but it was subsequently canceled. Card was released on Aug. 3, 2023. Hospital staff wouldn't speak with the Army for this investigation. So, they could not get a full reason for why Card was released from the hospital.

According to the Army report, in August and September of 2023, Card communicated increasingly violent, yet vague, threats and rhetoric to friends and family. He often described how many people he could hurt with his weapons or what locations he could “shoot up.”

The Army report states Card’s best friend contacted the unit chain of command and told them he was concerned that Card would conduct a mass shooting at his unit or somewhere else.

The Army investigation identified "multiple communication failures" between military and civilian hospitals, as well as with Card’s chain of command. These communication failures impacted Card’s continuity of care.

The Army investigation recommended adverse administrative action be taken against three officers in Card’s chain of command for dereliction of duty. According to the report, the adverse actions have been completed.

The Army says it will not release the names or further details of the disciplinary action taken because the officers are in the rank of colonel and below.

The Army report was sent to the Department of Forensic Psychology at Walter Reed for a medical review and expert analysis.

A news conference on thelegal action the victims and family members are taking will be held at 12:30 p.m. on Tuesday. CBS13 will live stream it.