Dante and Carolyn Acosta of Canyon Country have filed a federal wrongful death lawsuit against the Canadian paramilitary firm that hired the infiltrator who murdered their son on a military base in Afghanistan in 2011.

Army Spc. Rudy Acosta was 19 when he and others came under fire inside Forward Operating Base Frontenac by a man who’d been hired as an Iraqi guard.

Rudy Acosta and another soldier lay dead and several others were wounded – they had just unloaded their weapons – before other soldiers could take the infiltrator out.

Tundra Security of Canada had the government contract to hire Afghans to guard U.S. troops.

Army SPC Rudy Acosta

Tundra was responsible for vetting them.

According to an article in Army Times, the wrongful death suit – filed recently in Florida and New York, where Tundra is contracted and paid – asserts that Tundra failed to document threats made by the infiltrator, Shir Ahmed, and didn’t tell U.S. military officials about the danger he posed prior the March 2011 attack.

Per the lawsuit, Ahmed had been fired from Tundra in 2010 when he threatened to kill U.S. troops. Tundra rehired him in 2011.

“The lawsuit said the shooting was avoidable and Tundra management did not record Ahmed’s threats or flag that he was a potential danger to re-hire,” the Army Times story states. “U.S. military officials later said Tundra records showed Ahmed wasn’t deemed a threat because the allegations against him were unsubstantiated.”

A similar suit filed by the Acostas last year in California was tossed out on grounds that Tundra didn’t have a sufficient business presence in California.