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San Diego, California — The family of 18-year-old Caleb Vazquez, one of two gunmen in the May attack on the Islamic Center of San Diego, is suing the mental health facility that treated him, alleging staff failed to act on warning signs before the shooting.

The lawsuit, filed Aug. 31 against Park Mental Health Treatment of San Diego, alleges negligence and wrongful death. Vazquez had been receiving residential treatment for severe depression, psychotic episodes and other conditions before the May 18 attack.

According to the complaint, the FBI contacted Vazquez’s mother four days before the shooting about concerning comments he had made online involving school shootings and suicide. His mother says she notified the treatment facility, but staff failed to sufficiently intervene. Vazquez left the facility the night before the shooting.

The lawsuit also points to earlier warning signs. Law enforcement had previously seized firearms from Vazquez’s father after concerns about the teenager’s behavior.

Vazquez and 17-year-old Cain Clark later attacked the mosque, killing three worshippers before both gunmen died by suicide. Authorities said about 140 children were present at the Islamic Center during the attack.

Park Mental Health has denied responsibility, calling the lawsuit “misguided” and saying Vazquez and his accomplice were responsible for their actions.

Separately, North Carolina prosecutors have charged 17-year-old Sarah Santiago with three counts of murder and conspiracy, alleging she helped livestream and distribute materials connected to the attack.

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