MONTIN v. ESTATE OF JOHNSON

No. 09-3692.

636 F.3d 409 (2011)

John Maxwell MONTIN, Plaintiff-Appellant, v. The ESTATE OF Dale JOHNSON; Bill Zinn; Jessie Rassmensen; Barbra Ramsey, Defendants, Bill Gibson; Christine Peterson, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 11, 2011.


Attorney(s) appearing for the Case

Michael David Gooch , argued, Omaha, NE, for appellant.

Michael John Rumbaugh , AAG, argued, Lincoln, NE, for appellee.

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.


MELLOY, Circuit Judge.

In late 1993, John Maxwell Montin was adjudicated not guilty by reason of insanity on charges of false imprisonment and use of a weapon to commit a felony. Since early 1994, he has been involuntarily committed at a secure psychiatric facility, the Lincoln Regional Center ("Center"). In 1996 and 1998, the Center altered its policies regarding hierarchical categories of liberty afforded its residents, allegedly restricting residents' ability to...

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