A U.S. Navy veteran and former police officer is suing New York Governor Andrew Cuomo and other state officials for confiscating his firearms after he sought treatment for insomnia.
Donald Montgomery visited his primary care physician on May 6, 2014, to seek treatment for insomnia, which he begun experiencing after moving from another state in order to be closer to his adult children and grandchildren. Days later, according to The Blaze, Montgomery returned to his doctor with the same symptoms and was diagnosed with depression and insomnia. On May 23, 2014, he voluntarily checked into the hospital for 48-hour treatment.
A hospital report described Montgomery as “mildly depressed,” though it was determined that “no evidence of any psychotic processes, mania, or OCD symptoms” was found.
“Patient has no thoughts of hurting himself. Patient has no thoughts of hurting others. Patient is not having suicidal thoughts,” the report said. “Patient is not having homicidal thoughts.” Despite the report, Montgomery’s file was forwarded to the Mental Hygiene Legal Service.
Four days later, the Suffolk County Clerk’s Office received a letter from state police stating that Montgomery had been “adjudicated as a mental defective or has been involuntarily committed to a mental institution.” The next day, Montgomery was informed that his guns would be taken away. On May 30, 2014, the Sheriff’s Department showed up to his house and confiscated four guns, and by September, his pistol license had been terminated.
Montgomery’s suit claims that his Second, Fourth and Fifth Amendment rights were violated, as was his privacy when the hospital shared information with police.
The suit also demands that a judge strike down New York’s Mental Hygiene Law, which requires that mental health professionals “report individuals who are deemed threats to others or to themselves to mental health directors who in turn report serious threats to the department of criminal justice services,” according to The Daily Caller.
Montgomery is also seeking monetary damages and legal fees.