LAS VEGAS (KTNV) — It's been nearly a year and a half since 13 Investigates first broke the story of a Nevada National Guard whistleblower who revealed a devastating personal secret leading to her downfall in the military and, ultimately, to her untimely death, according to a newly-filed lawsuit.
The complaint, filed January 26, is the latest in the family's fight to hold the Guard accountable.
What happened to Sgt. First Class Allison Bailey should not have happened. That's according to military legal experts and veteran advocates I've spoken to. And now, the wrongful death lawsuit just filed in Clark County District Court.
READ: Whistleblower's family files wrongful death lawsuit against Nevada National Guard
Bailey's family is suing the Guard, several of its commanding officers, and Nevada's current and prior governor.
At Bailey's funeral, her mother, Felicia Cavanagh, made a promise.
"I will pursue the truth pertaining to Allison's unconstitutional treatment from the Nevada Army National Guard, and do my utmost to hold the correct people accountable, no matter how long it takes."
Bailey died on March 4, 2023, when she was just 33 years old.
Her military records showed the mother of two was on a strong career path in the Nevada National Guard until the final two years of her service, when she sought to right wrongs she encountered in her chain of command.
"She filed complaints and she was swiftly retaliated against," Cavanagh said.
WATCH: How a Nevada soldier fell from military rising star to 'other than honorable'
According to the lawsuit, Bailey was drugged and sexually assaulted by a subordinate soldier at a unit social event in 2020.
The lawsuit also says her attempted complaints to the Inspector General about alleged bullying and a toxic work environment were continuously kicked back to the very command she was trying to complain about, and that Bailey found the tables turned when the Nevada Guard launched a misconduct investigation against her, ultimately leading to her 'other than honorable' discharge from the Guard.
Six weeks later, she died. The lawsuit says she was suffering from a number of medical issues, accusing the Guard of delaying or depriving her of healthcare benefits through the VA that may have helped save her.
We asked the Nevada National Guard about the lawsuit and they sent this statement:
“For nearly two years, the Nevada National Guard has defended itself against these baseless allegations played out in numerous TV and print news stories. We will continue to defend ourselves and junior enlisted troops from the bullying, maltreatment, and harassing behaviors that formed the basis for the soldier’s separation board — comprised of military officers outside the Nevada National Guard — in which she had all due process protections required by law and regulation. As policy, we don’t comment on prospective or current litigation. We stand by our previous public statements on this matter.”
