BUTTE, Mont. (Legal Newsline) — The State of Montana and officials face a lawsuit alleging they mistreated patients at a mental health facility.
The Estate of Lucio Dimauro by and through Personal Representative Nina Dimauro, and others filed a complaint Oct. 31 in the U.S. District Court for the District of Montana against Greg Gianforte, Charlie Brereton, David Culberson and the State of Montana, alleging liability, negligence and other claims.
The plaintiffs, according to their complaint, were civilly committed to the Montana State Hospital's Warm Springs facility. They allege that the defendants failed to provide adequate medical care, mental care and safety in violation of their Fourteenth Amendment rights.
Specifically, they allege that the defendants failed to provide an adequate workforce, that its facility is in disrepair and that patients are over-medicated and suffer falls and infections.
According to the plaintiff's complaint, the facility lost its federal accreditation in 2022 after investigations into patient falls, deaths and widespread safety issues. The plaintiffs claim as a result of the defendants' actions, the patients suffered serious physical injuries, emotional distress and the hastened death.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by John Heenan and Philip McGrady of Heenan & Cook PLLC in Billings.
U.S. District Court for the District of Montana Butte Division Case number CV-23-74-BU-BMM