Judge allows portion of lawsuit filed by man locked up for 19 years

From a Report in the Journal Star

A federal judge ruled last week that parts, but not all, of a Florida man's lawsuit can go forward against his former doctors at the Lincoln Regional Center, where he was locked up for more than 19 years on a misdiagnosis.

For years, John Montin's doctors said his denials that he was mentally ill were evidence that he was.

But in 2013, his treatment team agreed with him. It was a medication-induced psychosis that led to an incident in Hayes County and his commitment at the Regional Center, the team said, and a judge let him out.

In July, Montin sued his former doctors, alleging:

• that his former doctors and treatment team members had deprived him of his rights, a so-called 1983 civil rights claim, and
• that they hadn't met the standard of care, a state medical malpractice claim.

He is seeking more than $22 million in damages for incorrectly being labeled mentally ill and for unnecessarily being held and subjected to treatments he didn't need. He also is seeking $760,000 in lost wages and $10 million in punitive damages.

In a decision that was neither all good nor all bad for either side, Senior U.S. District Judge Lyle Strom refused to dismiss Montin's case, a move the doctors had sought. But the judge also refused to let Montin go forward on a number of theories, including unnecessary bodily restraint.

While the doctors' annual reports might have kept Montin in the locked hospital for more than 19 years, they hadn't shackled him to his bed or otherwise physically restrained him there.

Montin also cannot go forward on a theory that his doctors hadn't made truthful disclosures in their reports. In other words, Montin had alleged that at some point the doctors had to know his diagnosis was wrong.

But Strom did allow Montin to go forward on a theory alleging that the doctors retaliated against him because he kept filing lawsuits.

And the judge refused to throw out the case on an argument by the Nebraska Attorney General's office, which represents most of the defendants, that the state employees couldn't be sued because they were acting essentially as part of the judicial process.

"The court disagrees," Strom wrote in the order.

Much much more at the link