AP/ November 5, 2012, 9:25 PM

Fort Hood shooting victims sue government

Leila Hunt Willingham holds a photo button showing her brother, Spc. Jason Dean "J.D." Hunt, who was killed in the Fort Hood shooting, outside the main game at Fort Hood, Texas, on Oct. 12, 2010.

Leila Hunt Willingham holds a photo button showing her brother, Spc. Jason Dean "J.D." Hunt, who was killed in the Fort Hood shooting, outside the main game at Fort Hood, Texas, on Oct. 12, 2010. / AP Photo/Eric Gay

WASHINGTON On the third anniversary of the Fort Hood rampage, 148 victims and family members sued the government Monday for compensation for the attack allegedly carried out by an Army psychiatrist who is awaiting trial.

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Fort Hood's fallen heroes

The shooting at the Army base in Texas killed 13 people and wounded more than two dozen others.

The lawsuit alleging negligence by the government said that the Defense Department is avoiding legal and financial responsibility for the killings by referring to the shootings as "workplace violence" rather than as a terrorist attack.

The group also is suing the estate of Anwar al-Awlaki, a radical U.S.-born Islamic cleric who the victims say inspired the Army psychiatrist, Maj. Nidal Hasan, to carry out the attack. The two men exchanged emails before the shootings.

A year before the attack, the FBI uncovered the communications between Hasan and al-Awlaki, but failed to disclose the information to the Defense Department.

Al-Awlaki was killed in Yemen last year by a U.S. drone strike.

Authorities say Hasan faces the death penalty if convicted.

The victims and families said the U.S. military knew four years before the Nov. 5, 2009, shootings that the accused killer was a fanatic Islamist extremist who supported jihad, suicide attacks and violence.

The lawsuit attributed the government's alleged inaction to elevating "political correctness" over national security.

The lawsuit seeks unspecified compensatory and punitive damages. Last year, 83 of the victims and family members filed administrative claims that sought $750 million in compensation from the Army. Neal Sher, an attorney for the victims, said the government has "ignored these claims and under the law we really have been left with no choice" but to sue.

In a conference call with reporters, former Staff Sgt. Shawn N. Manning, who was shot six times by Hasan, said that the terrorism designation which the victims are seeking would cover the cost of the medical services that he requires. The terrorism designation would mean that the wounds the victims suffered qualify as combat-related, resulting in "a huge difference in benefits," said Manning, who was medically discharged from the military about a month ago.

Manning and Sher spoke during a telephone conference call that linked lawsuit participants from several locations.

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6 Comments Add a Comment
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raymailhot says:
So you suggest we should take it out of the government employees pay?

This may make them more accountable.

I like your idea!
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mjvwsr says:
hard to believe its been three years since nobama declared this "workplace violence"
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raymailhot replies:
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We choose to forget all the nonsense from this president.
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AOCGUY says:
So when the government acting (or failing to act appropriately) on our behalf causes damage or harm to one or more citizens no one should be held accountable. Victims and families of victims should have no recourse? The fact of the matter is that it appears that people in the government failed to do the job that they were hired to do, which included taking reasonable precautions to protect American property and lives. The result is that people were killed or suffered serious injury.

Hassan was clearly the individual reasponsible for the slaughter but the FBI and the Army bear a lot of responsibility as well if they knew he posed a threat and they took no action.
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nohater says:
understand why they are filing lawsuits. but clearly the lawsuits are against taxpayers who fund government. the government is funded by taxpayers.
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hamiltongrad replies:
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What ?