Parkland shooting survivor’s family first to file suit, claims negligence

Anthony Borges, the student who was shot five times as he shielded classmates from a gunman at his high school, on Tuesday became the first victim of the Parkland massacre to file a lawsuit.

In a complaint filed in Broward Circuit Court, Borges' family lists seven defendants, including gunman Nikolas Cruz and three mental health centers that treated Cruz before he killed 17 students and faculty members at Marjory Stoneman Douglas on Feb. 14.

Also named as defendants are the estate of Cruz's dead mother and the couple that took Cruz in after Lynda Cruz died and allowed him to keep weapons, including a legally purchased AR-15, at the home.

The lawsuit seeks unspecified damages, although it remains unclear what assets Cruz has or how much money is in his mother's estate. A judge can force Cruz to hire a private lawyer if it is determined he can afford one.

All parties but Cruz are accused of acting negligently in their handling of the mentally and emotionally unstable 19-year-old who had communicated plans "to shoot up the school" on social media and had been reported to the school's resource officer for attempting to kill himself.

Borges was shot three times in his legs and twice in the torso as he attempted to close and lock a classroom door with about 20 students inside, the complaint states. He was among the 17 injured in the massacre.

During his more than one-month stay at a local hospital, Borges underwent multiple surgeries and was placed into a clinically induced coma, the complaint states. After his release from the hospital, the Borges family and their attorney, Alex Arreaza, held a press conference on April 6 announcing their intent to sue the Broward County Sheriff's Office and the Broward County School Board, but Arreaza has to give the state entities six months’ notice before litigation against them can be pursued.

This story was originally published April 17, 2018 at 4:10 PM with the headline "Parkland shooting survivor’s family first to file suit, claims negligence."