(TALLAHASSEE, Fla.) -- Attorneys representing the family of Florida State University shooting victim Tiru Chabba have filed a federal lawsuit against OpenAI and its artificial intelligence platform ChatGPT, alleging that the company could have done more to prevent the shooting.
The complaint, which was filed on Sunday in the U.S. District Court for the Northern District of Florida, also names the shooting suspect, Phoenix Ikner, as a defendant.
According to ChatGPT logs released by law enforcement in Florida, Ikner allegedly consulted ChatGPT as he planned the attack and asked pointed questions about gun operations and media coverage. He even consulted the platform about the busiest time on the FSU campus, according to the logs.
Chabba's family attorney, Bakari Sellers, said these messages date back about 18 months ago and include 16,000 different "disturbing chats."
"This is the same person who asked, you know, how can he become infamous? He asked about the Columbine shooting. He asked about what time should he go to campus? What time are most people going to be there?" Sellers said, describing the alleged messages that Ikner sent to ChatGPT.
"He literally utilized open AI and Chat GPT as his co-conspirator, utilized it as a resource to carry out mass murder,” Sellers added. "There was nothing in place to prevent that from happening and so lives were lost. That's the inherent danger, there has to be something in place to prevent that from happening."
Drew Pusateri, an OpenAI spokesperson, told ABC News in a statement: "Last year's mass shooting at Florida State University was a tragedy, but ChatGPT is not responsible for this terrible crime. After learning of the incident, we identified an account believed to be associated with the suspect and proactively shared this information with law enforcement. We continue to cooperate with authorities. In this case, ChatGPT provided factual responses to questions with information that could be found broadly across public sources on the internet, and it did not encourage or promote illegal or harmful activity. ChatGPT is a general-purpose tool used by hundreds of millions of people every day for legitimate purposes. We work continuously to strengthen our safeguards to detect harmful intent, limit misuse, and respond appropriately when safety risks arise."
The lawsuit comes after Florida Attorney General James Uthmeier announced last month that the Office of Statewide Prosecution launched a criminal investigation into OpenAI and ChatGPT after prosecutors reviewed the chat logs.
"Florida is leading the way in cracking down on AI’s use in criminal behavior, and if ChatGPT were a person, it would be facing charges for murder," Uthmeier said in a statement on April 21. "This criminal investigation will determine whether OpenAI bears criminal responsibility for ChatGPT’s actions in the shooting at Florida State University last year."
OpenAI did not respond to ABC News' request when asked about the probe by the attorney general.
The shooting, which took place on the FSU campus on April 17, 2025, injured six people and killed two people – Chabba and Robert Morales, both of whom worked for the university's dining services.
Ikner, whose trial is set for October 2026, was charged with two counts of first-degree murder and seven counts of attempted murder. He has pleaded not guilty.
ABC News' Luke Barr and Jeana Fermi contributed to this report.