Parkland's 'Iron Man' Files First Lawsuit In School Shootings

FORT LAUDERDALE, FL — The family of a 15-year-old Marjory Stoneman Douglas High School survivor who was shot five times while trying to shield his classmates from the murderous Valentine's Day rampage, filed the first lawsuit against accused Florida school shooter Nikolas Cruz on Tuesday. The family of Anthony Borges is also suing three mental health providers that failed to recognize the threat posed by Cruz, the couple who allowed him to bring guns into their home and the estate of Cruz' adopted mother. The Borges family plans to file a separate lawsuit against the Broward County school system and sheriff's office.

The suit, filed by attorney Alex Arreaza of Fort Lauderdale in Broward County Circuit Court, seeks unspecified damages in excess of $15,000 and reserves the right to seek punitive damages in the future. The family of at last one other survivor has submitted a document indicating that they too plan to file a lawsuit.

"Nikolas Jacob Cruz used his AR-15 rifle to kill 17 students and teachers, and shooting and wounding more, including Anthony Borges, whom Nikolas Jacok Cruz attempted to kill by shooting five times, three times in the legs and twice in the torso," the lawsuit stated.

Borges has been dubbed "Iron Man" for his heroic efforts, a moniker that he dismisses.

"As a result of having been shot by Nikolas Jacob Cruz, Anthony Borges was hospitalized for over a month, during which he underwent multiple surgeries, was placed into a clinically-induced coma and suffered extreme physical pain and suffering,"

The 16-page document noted that Borges is confined to a wheelchair and will require constant care for the "foreseeable future."

Borges suffered injuries, pain, suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment and loss of the ability to earn money, according to the lawsuit.

"The losses are either permanent or continuing and Anthony Borges will suffer the losses in the future," the suit claimed, adding that Lynda Cruz reported being attacked by her son with a plastic vacuum cleaner hose as far back at November 2012.

Two months later she reported that her adopted son "threw her against a wall" because she took his Xbox video game system away, the suit said.

After the death of Lynda Cruz, family friend Rocxanne Deshamps and her son, Rock, forbade Cruz from bringing guns into their home. That sent the accused gunman packing. In late 2017, he moved in with James and Kimberly Snead, who were the parents of a school friend.

"The Sneads allowed Nikolas Jacob Cruz to bring and possess his guns on their property, including the AR-15 rifle that he subsequently used in committing the massacre at Marjory Stoneman Douglas High School," according to the lawsuit, which noted that the guns were kept in a gun safe. "Nikolas Jacob Cruz purchased the AR-15 rifle that he would use approximately one year later in committing the massacre at Marjory Stoneman Douglas High School. This was one of at least 10 guns he purchased after his 18th birthday."

The lawsuit also named Henderson Behavioral Health Inc., Jerome Golden Center for Behavioral Health Inc. and South County Mental Health Center, Inc. as defendants.

In September of 2016, counselors from Henderson told police that Cruz "was not a risk to harm himself or anyone else” because he was on a treatment plan for ADHD, depression and autism, the lawsuit charged.

But it was during that same month that Cruz was reported by a fellow student to Stoneman Douglas School Resource Officer Scot Peterso for trying to kill himself, the suit explained.

"Nikolas Jacob Cruz, while depressed, had cut himself and ingested gasoline in an attempt to kill himself," the lawsuit said. "The student further stated that Nikolas Jacob Cruz wanted to buy a gun for hunting, had drawn a swastika on his backpack next to the words 'I hate n-----s.'"

After being released from the hospital, Borges said through his attorney that he did not understand why police did not immediately enter Stoneman Douglas during the shootings even if other survivors said they understood.

"I understand that it's been said that they understand why the deputies didn't go inside," Borges said at the time. "I will tell you 'I don't understand.' The deputies were there to protect us and they didn't."

Broward Sheriff Scott Israel visits Anthony Borges in the hospital. Photo courtesy Broward Sheriff's Office.