Appeal Filed after Lawsuit Over Walks Tossed

By: Associated Press Email
By: Associated Press Email

A psychiatric patient is appealing after a federal judge rejected his lawsuit filed over the loss of unsupervised walks on the hospital grounds.

Three weeks ago, U.S. Magistrate Judge Cheryl Zwart dismissed John Maxwell Montin's lawsuit alleging that Lincoln Regional Center staff arbitrarily deprived him of his liberty when he was told in 1996 that he could no longer walk the center's grounds alone.

The hospital staff made that decision after another patient in the center's sex offender program escaped in September 1995.

Montin argued the change violated his right to be free from unnecessary bodily restraint and that the walks were part of his treatment.

Montin filed an appeal this week with the 8th U.S. Circuit Court of Appeals.

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