US Government Seeks Dismissal of Lewiston Mass Shooting Lawsuit Against Army

Justice Department attorneys argue gunman Robert Card 'is solely responsible' for the tragedy.

Published on Feb. 8, 2026

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The federal government has filed a motion to dismiss the lawsuit against the U.S. Army brought by more than 100 relatives of the victims and survivors of the October 2023 Lewiston mass shooting. The government argued the Army should be absolved of any liability, and the victims' lawsuit falls short of the legal standards required to win their claims.

Why it matters

The lawsuit stems from the mass shooting carried out by U.S. Army Reservist Robert Card, who killed 18 people and wounded 13 others in Lewiston, Maine. The plaintiffs argue the tragedy was preventable and the Army failed to take adequate actions that could have stopped it, but the government claims Card is 'solely responsible' and the Army is protected by the 'discretionary function exception' in federal law.

The details

The government's motion said the Army is not responsible for what the contracted Four Winds Hospital did after evaluating Card, as its staff are 'not employees of the Government,' and the Army had little control over Card after he left New York. The motion also disputed whether Card's exposure to explosive blasts during training caused a brain injury that spurred his mental illness, calling the alleged causal effect 'speculative'.

  • In July 2023, Card was ordered to undergo a medical evaluation at the start of an annual training session at West Point, New York.
  • In August 2023, Four Winds Hospital discharged Card after providing him inpatient care for two weeks.
  • On October 25, 2023, Card carried out the mass shooting in Lewiston.
  • In September 2025, the lawsuit against the Army was filed by more than 100 relatives of the victims and survivors.
  • On February 5, 2026, the federal government filed a motion to dismiss the lawsuit.

The players

Robert Card

A U.S. Army Reservist who carried out the mass shooting in Lewiston, Maine, killing 18 people and wounding 13 others.

Four Winds Hospital

The Army-contracted hospital that provided inpatient care for Card for two weeks after he was ordered to undergo a medical evaluation at West Point.

Sagadahoc County Sheriff Joel Merry

The sheriff who had jurisdiction over Card's hometown of Bowdoinham, Maine, and said no one affiliated with the Army or reserves ever passed on the recommendation to remove Card's weapons from his home.

Ben Dyer

One of the plaintiffs who was shot five times at Schmengees Bar & Grill during the mass shooting.

Cynthia Young

A plaintiff whose husband, Bill, and 14-year-old son, Aaron, were killed in the attack at the Just-In-Time bowling alley.

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What they’re saying

“I don't care how much money there is. I'll never get my hand back. I'll never get my arm back. These people will never get their loved ones back. Money is not going to cure anything.”

— Ben Dyer (newscentermaine.com)

“These people will never get their loved ones back. Money is not going to cure anything.”

— Cynthia Young (newscentermaine.com)

What’s next

The judge in the case will decide whether to allow the lawsuit against the Army to proceed or grant the government's motion to dismiss.

The takeaway

This case highlights the complex legal issues surrounding government liability for mass shootings, particularly when the perpetrator has a history of mental health issues and access to weapons. It also underscores the profound and lasting impact on the victims' families and the community as a whole.