Dismissal of suit by man wrongly held in psych ward upheld

Posted at 3:35 PM, Jan 19, 2017
and last updated 2017-01-19 10:48:42-05

OMAHA, Neb. (AP) - A federal appeals court has affirmed the dismissal of a lawsuit brought by a Florida man against doctors at Nebraska's psychiatric hospital, where he was held for 20 years on a misdiagnosis.

John Montin sued after being released from the Lincoln Regional Center in 2013, where he had been held since 1993 after being found not guilty by reason of insanity of false imprisonment and weapon use. Police had said Montin was delusional when he walked up to a house, declared it belonged to his ancestors and that he was taking it back.

Psychiatrists wrongly relied on that police report for nearly 20 years before determining he had been only temporarily psychotic.

The 8th U.S. Circuit Court of Appeals said Thursday that Montin's malpractice claim was improperly filed in federal court.

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